Wasabi Frog Ltd successfully restrained Miss Boo Ltd and Gulfraz Mohammed from trading under or by reference to the marks or domain names “Miss Boo”, “miss.boo.co.uk” or from using any of the marks or domain names “boohoo”, “boohoo.com” and “boo”, including a requirement that the website at www.missboo.co.uk is also disabled.
Wasabi owns Boohoo and built up a succesful reputation and brand. It owned three trade marks Community Trade Mark Number 006692065 for the word “BOO” in Class 25 registered with effect from 22 February 2008. Community Trade Mark Number 005085238 for the word “BOOHOO” in Classes 9, 14, 16, 18, 25 and 35 registered with effect from 19 May 2006. Community Trade Mark Number 006688113 for the word “BOOHOO.COM” in Classes 3, 9, 14, 16, 18, 25 and 35 registered with effect from 21 February 2008. It also owned domain names www.boohoo.com, www.boohoo.co.uk www.missboohoo.com www.missboohoo.co.uk and www.missboohoo.eu. The Defendant’s had amongst other things an online shop via www.missboo.co.uk. Although the Defendant was a company the second defendant was very closely connected with the first Defendant company. It was the directing mind. The Claimant as an Applicant sought and was granted an interim injunction.