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"A cautionary tale to potential claimants who are considering trade mark infringement proceedings..."

Bristows
Bristows

Fox Group International Ltd v Teleta Pharma Limited, 23 June 2021, [2021] EWHC 1714 (IPEC)

A recent trade mark dispute, heard before the IPEC, covering the law on bad faith and threats in Fox Group International Ltd and Teleta Pharma Limited was handed down on 23 June 2021.

Next week, we will be releasing a podcast discussing the background and conclusions of the claim made by Fox in respect of infringement, and the counterclaim and defence made by Teleta in respect of bad faith and unjustified threats. 

This recently handed down decision serves as a reminder to carefully consider all circumstances before taking action against a third party.

This case is a cautionary tale to potential claimants who are considering trade mark infringement proceedings against a potential defendant they suspect of trading in infringing goods. The moral of this particular story is, like that of many cautionary tales, simple and seemingly obvious. A potential claimant should, before issuing a letter before claim or a claim alleging trade mark infringement: (i) check that the suspect goods are, in fact, infringing and not legitimate branded goods; and (ii) check it had the legitimate right to register the trade mark it alleges has been infringed.
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brands, trade mark and design
Bristows
Bristows

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