Jadebay Ltd and another v Clarke-Coles Limited (trading as Feel Good UK)

Trade mark – Infringement. The Intellectual Property and Enterprise Court held that the defendant's sale of aluminium flagpoles on Amazon after 18 February 2013, using listing created by the second claimant, infringed the first claimant's trade mark 'Design Elements', pursuant to s 10(2) of the Trade Mark Act 1994. The court further held that such use of the listings to sell its product before that date amounted to passing off. The court held that the claimants were entitled to an injunction to restrain further passing off and infringement. The defendant was ordered to pay the claimants £38,046.85 in damages.

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