Visit JCPCUKSC/2024/0032
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INTELLECTUAL PROPERTY
Iconix Luxembourg Holdings SARL (Respondent) v Dream Pairs Europe Inc. and another (Appellants)
Case summary
Case ID
UKSC/2024/0032
Parties
Appellant(s)
(1) Dream Pairs Europe Inc. (2) Top Glory Trading Group Inc
Respondent(s)
Iconix Luxembourg Holdings SARL
Issue
Was the Court of Appeal right to conclude the trial judge’s conclusion on the similarity of logos was “rationally insupportable”? At what point of time should the confusion of consumers be assessed in a claim for trade mark infringement? What approach should the court take when assessing whether trade marks are similar?
Facts
Iconix owns the sportswear brand Umbro and is the registered proprietor of two trade marks. The appellants own the footwear brand Dream Pairs and are the registered proprietors of two trade marks. The Dream Pairs trade marks which do not feature the words “Dream Pairs” are referred to as the “DP Logo”. Iconix sued Dream Pairs for trade mark infringement on the basis that their use of the DP Logo infringed the Umbro trade marks as it was confusingly similar. Iconix’s claim was dismissed by the High Court. Iconix appealed to the Court of Appeal, which allowed the appeal. The Court of Appeal held that the High Court’s finding that there was a very faint degree of similarity between the Umbro mark and DP Logo was rationally insupportable. It considered that there was a moderately high level of similarity between the logos, specifically when third parties are looking down at the logo on the side of an item of footwear, and therefore there was a likelihood of confusion between the logos. Dream Pairs now appeal to the Supreme Court.
Date of issue
5 March 2024
Judgment appealed
Appeal
Justices
Hearing dates
Full hearing
Start date
17 March 2025
End date
17 March 2025
Half hearing
Start date
18 March 2025
End date
18 March 2025
Watch hearings
17 March 2025 - Morning session
17 March 2025 - Afternoon session
18 March 2025 - Morning session
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Change log
Last updated 20 December 2024