In the final chapter of the successful trademark infringement proceedings brought by Jack Wills Ltd against House of Fraser (Stores) Ltd, the High Court assessed the profits that the defendant retailer had to pay Jack Wills. The decision provides a useful explanation of the factors to be considered when undertaking an account of profits.
The Court of Appeal recently ruled on an outstanding aspect of the 'Glee' trademark dispute and confirmed the compatibility of Section 41 of the Trademark Act – concerning the registration of series marks – with EU law. Provided that series marks are sufficiently similar to meet the qualifying conditions set out in Section 41, they are individually entitled to the protection afforded to every trademark under EU law.
In the latest instalment of the ongoing saga involving the 'Trunki' suitcase, the Supreme Court has unanimously dismissed the appeal filed by Magmatic. This means that the Court of Appeal judgment stands, which held that PMS's 'Kiddee Case' did not infringe the registered design rights in Magmatic's Trunki case because the "overall impression" of the two products was sufficiently different.