The Club claimedÂ infringement under both section 10(2)(b) and 10(3) of the Trade Marks Act 1994.
10 (2) A person infringes a registered trade mark if he uses in the course of trade a sign where because-
(b) 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 and there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.
10 (3) A person infringes a registered trade mark if he uses in the course of trade in relation to goods or services, a sign which is identical with or similar to the trade mark, where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
as itÂ hoped to have exhausted the Claimant with costs as is often the case) but no it was not to be and well done to Mr Tughan who owns the Claimant’s club.Â You deserve your moment of Glee well done! Fox will no doubt appeal.