Recent Cases

Bignell v Just Employment Law

The claimant was a sole practitioner based in Guildford who provided employment law services under the name “Just Employment”.  In 1999 he registered “JUST EMPLOYMENT” as a trade mark.  The defendant was a Scottish company based in Glasgow which in 2006 opened an office in London.  In November 2006 the defendant ran a radio advertising campaign which led to apparent confusion, with members of the public contacting the claimant as a result of the campaign.  The claimant brought proceedings.
The judge dismissed the claim and declared the claimant’s trade mark invalid.  The mark was descriptive of the service offered under it and could not benefit from acquired distinctive character because its use had been restricted to a geographically small region.  The claim for passing off likewise failed because the claimant’s goodwill was very localised and could not be said to refer solely to him in the area in which the defendant was operating.  Further, there was no evidence of any damage caused.