Reports of Trade Mark Cases for CIPA July-August 2022

This month, we report on the decision of the IPEC in Urbanbubble Ltd & Ots v Urban Evolution Property Management Ltd & Ots (Judge Hacon; [2022] EWHC 134 (IPEC); 20 January 2022) regarding evidence of actual confusion in trade mark infringement and passing off claims. We also summarise the Court of Appeal’s decision in Lifestyle Equities CV & Anr v Amazon UK Services Ltd & Ots (Arnold and Snowden LJJ and Sir Geoffrey Vos MR; [2022] EWCA Civ 552 and [2022] EWCA Civ 634; 4 May 2022 and 12 May 2022) on trade mark infringement by Amazon in relation to a variety of its sales listing models. Finally, we summarise the decision of the Court of Justice in HEITEC AG v HEITECH Promotion GmbH and RW (CJ; Fourth Chamber; C-466/20; 19 May 2022) on the interpretation of acquiescence under EU legislation.