Tartan Army Ltd v SETT GmbH and others

Intellectual property – Trade marks – Invalidity – Revocation for non-use – Infringement – Passing off. Court of Session: In proceedings in which the owner of UK and EU registered trade marks in the name 'Tartan Army' sought interdict prohibiting the fourth defender from infringing its rights thereunder and from passing off goods as its goods, and in which the fourth defender counterclaimed, seeking, inter alia, declarator that the registrations of the pursuer's trade marks were invalid, the court held that permission given in 2005 to use the 'Tartan Army' trade mark in connection with a magazine did not preclude the pursuer from insisting in its action against the fourth defender for trade mark infringement and passing off; it rejected the challenge to the validity of the marks; and held that two of the UK marks should be revoked for non-use and that the claims for infringement and passing off failed.

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