J&J Snack Foods Corp v Ralph Peters & Sons Ltd [2025] EWHC 436 (Ch)

27 February 2025

Judgment in J&J Snack Foods Corp and another v Ralph Peters & Sons Ltd and another [2025] EWHC 436 (Ch) was handed down by Mr Justice Fancourt on 27th February 2025.  Beth Collett appeared for the successful Defendants. The Defendants discharged a £20m freezing order and related imaging order obtained by the Claimants on an ex parte basis in respect of a claim for alleged trade mark infringement, passing off and unjust enrichment in respect of use of the Slush Puppie trade marks and signs. Fancourt J found that there had been failures of full and frank disclosure and fair presentation, and that the Claimants had failed to show a good arguable case shown for the underlying claims (only part of which was relied upon at the ex parte hearing).

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