Recent Cases

Daimler v Sany

Daimler manufactured the well known Mercedes cars which are sold under a trade mark resembling a three-pointed star contained in a circle.  Sany was a Chinese company manufacturing construction vehicles under a trade mark consisting of a circle containing a triangular-like shape comprised of three parts.  There was at least some degree of similarity between the two marks and Daimler claimed Sany was taking unfair advantage of its marks’ reputation.  The judge held that the marks were not sufficiently similar for the average consumer to establish a ‘link’ between them and thus there could be no infringement.  She also considered and rejected a counter-claim for partial revocation of Daimler’s marks by Sany on the grounds of non-use.
23rd October 2009