Burgerista Operations GmbH v Burgista Bros Ltd and others

Trade mark – Infringement. The claimant company, which ran burger restaurants, was entitled to an injunction against the fourth and sixth defendants (together, the defendants) and to related relief, in a case concerning the threat of infringement of its trade mark. The Chancery Division held that there had been a threat of infringement pursuant to art 9(2)(b), but not art 9(2)(c), of Council Regulation (EC) 207/2009.

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