Howserv Services Limited and others (Appellants) v TVIS Limited (Respondent)

Case summary

Case ID

UKSC/2024/1005

Parties

Appellant(s)

Howserv Services Limited

Howserv Limited

Ticorp Limited

Respondent(s)

TVIS LIMITED

Issue

Did the Court of Appeal err in concluding that there is a likelihood of confusion between two trademarks registered for the same service of pet insurance, VETSURE (owned by TVIS, the Respondent) and PETSURE (owned by Howserv Services Limited, the Appellant)?

Facts

Howserv Services Limited (“Howserv”) and TVIS Limited (“TVIS”) are providers of pet insurance. Both are acknowledged to be relatively small players within the pet insurance market. TVIS was founded in 2009. It is the proprietor of a UK trademark, ‘VETSURE’, registered as of March 2010 in respect of ‘pet insurance’ (“the Trademark”). Howserv was founded in 2004 as a provider of travel insurance. In 2020, they decided to move into pet insurance under the sign ‘PETSURE’ (“the Sign”). They own the UK trademark, ‘PETSURE’ registered as of October 2020 in respect of ‘pet insurance’. They commenced trading under their sign in July 2021. TVIS’ and Howserv’s business were of similar sizes by the time of trial, but each remained a small player in the market. TVIS’ objection in January 2021 to Howserv’s trademark application was made too late. TVIS commenced these proceedings in October 2021 alleging: i) trademark infringement pursuant to sections 10(2) and 10(3) of the Trademarks Act 1994 (“the 1994 Act”); ii) invalid registration pursuant to sections 5(2)-(4) of the 1994 Act; and iii) that Howserv had committed ‘passing off’. The trial was conducted under the Shorter Trials Scheme. The High Court dismissed TVIS’ claims for infringement and held that Howserv’s sign was not invalidly registered. In particular, the Deputy High Court Judge held that Howserv’s use of PETSURE does not give rise to a likelihood of confusion on the part of the public. The Court of Appeal allowed TVIS’ appeal on section 10(2), 5(2) and passing off (and it refused permission to appeal in respect of its claims under sections 10(3) and 5(3)). The Court of Appeal held that there was a likelihood of confusion on the part of the public between the Trademark and the Sign. Howserv now seeks permission to appeal to the Supreme Court.

Date of issue

5 December 2024

Case origin

PTA

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