Jonathan Hill successfully defended Cranford College Limited (“CCL”) in a passing off action alleged by Cranford Community College (“CCC”). CCC also sought a declaration of invalidity of CCL’s two UK trade marks and alleged that CCL’s use of names, domain names and trade marks were instruments of deception.
Judge Hacon, in the IPEC, held that although the school had generated a reputation for itself, CCC did not own goodwill associated with the name “Cranford College”. Nor did CCC show that it had significant goodwill associated solely with their logos, and in any event, there was no misrepresentation as regards to the logos. As such the passing off action in relation to all elements claimed was successfully defended.
There were no reasons for revocation of the trade marks and the application was not invalid for bad faith. The company name, domain names and CCL trade marks were also found not to be instruments of deception.
Jonathan was instructed by Chauhan Solicitors
+44(0)20 7405 4321
clerks@8newsquare.co.uk