Overview

The High Court has recently handed down a decision of considerable interest for brand owners. The High Court allowed the claimants, Evans, who traded as “Firecraft”, to successfully obtain
summary judgment in a claim for passing off and disallowed the defendants, Focal Point Fires, from defending the claim. The basis for the court’s decision was an earlier successful application by the claimants before an Intellectual Property Office hearing officer who held that the defendant's trade mark registration for “Firecraft” was invalid on grounds of passing off. The court held that the defendant was therefore estopped from subsequently defending an application for passing off before the High Court.

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