The IP Enterprise Court has decided that certain sales of clothing branded with the registered trade mark “VEUVE CLICQUOT” were not covered by the scope of consents from the trade mark owners to the use of the marks.
The sales by the defendants therefore amounted to trade mark infringement and passing off. There were a number of defendants and the court said they were all liable.
The court awarded the trade mark owners £125,000 in damages and granted an injunction to prevent further infringement and passing off.
This case demonstrates the importance of ensuring that your licences to use intellectual property are wide enough for the needs of your business, and the necessity to stay within the remits of those licences.
If you need any advice on such issues, please email Karen.Mason@Novalex.co.uk