Recent Cases

D Jacobson v Globe

The claimant had sold all types of footwear since about 1982, including since 1996 a brand called ‘Gola’ which was used on its premium range.  These were marked with a winged flash for which the claimant had a registered trade mark.  The defendants imported and sold skateboarding footwear under the mark ‘Globe’ and used a similar winged flash logo.  In 2005 the claimants became aware of the defendants and brought proceedings for trade mark infringement and passing off.  The defendants counterclaimed for invalidation of the mark.  Etherton J held that the marks were valid and infringed, despite the defendants’ criticisms of the survey evidence used as the main basis for the claim that there was a likelihood of confusion.