In the recent decision of Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor, Mr Justice Miles held that the logo of footwear manufacturer Dream Pairs did not infringe Umbro’s double diamond logo.
The owners of the Umbro brand had argued that the Dream Pairs logo was confusingly similar to the Umbro marks and also took unfair advantage of their reputation. The key focus of Umbro’s claim was on Chinese manufacturer, Dream Pairs’ football boots and other active footwear, but also extended to any footwear (e.g. women’s Chelsea boots) bearing the Dream Pairs logo. Mr Justice Miles dismissed Umbro’s claims in their entirety.
The judgment provides a succinct overview of the law applying to trademark infringement claims under s.10(2) and s.10(3) of the Trade Marks Act 1994 and, in particular, discusses the role of context in point of sale confusion for s.10(2), and the importance of adequate pleadings and evidence when making out a s.10(3) claim.
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