Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWCA Civ 1451

James St.Ville KC appeared for the appellant in this trade mark appeal, persuading the Court of Appeal for the first time after Brexit to depart from the case law of the European Court of Justice under section 6 of the European Union (Withdrawal) Act 2018.  It is now the leading UK case on the requirement of knowledge for acquiescence under section 48 of the Trade Marks Act 1994, the effect of section 2(2) of the Act on the law of passing off and the availability, to trade mark proprietors, of a defence of statutory acquiescence to a claim in passing off.

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