Significant cases
Sportswear v Ghattaura and ors
In this case, a clothing company brought trade mark infringement proceedings against traders who had cut off garment codes which appeared on labels of clothing put on the market by the clothing company. The traders said that they did such to avoid the clothing company finding out the source of their supply and stopping it. The clothing company said that such actions were detrimental to the reputation of the brand. The traders pleaded that the clothing company had anti-competitive agreements with its traders to prevent parallel trade in the European Community. They pleaded that the garment codes were intended to reinforce such anti-competitive practices.
At first instance, the judge struck out the Art.81 defence. However, on appeal it was held arguable and reinstated. The Court of Appeal considered carefully in what circumstances, a defence of infringement of Art.81 could give rise to a defence to trade mark infringement proceedings.
At first instance, the judge struck out the Art.81 defence. However, on appeal it was held arguable and reinstated. The Court of Appeal considered carefully in what circumstances, a defence of infringement of Art.81 could give rise to a defence to trade mark infringement proceedings.