Forget “Pimm’s o’clock” it’s trade mark infringement o’clock!

We all remember the advert “it’s Pimm’s o’clock” – but this week it was time for the owner of the Pimm’s mark to lock heads with a well know supermarket chain for its use of the Pitcher mark, which Pimm’s argues was an infringement of their trade mark.

The similarities are there but they are slight, it is likely that the application was issued in respect of section 10(2) (b) of the Trade Marks Act 1994 and passing off (often used to bolster a claim) 10(2) reads:

“A person infringes a registered trade mark if he uses in the course of trade a sign where because…the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered.”

Keep your eyes on this one more updates to follow soon…

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