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Appeal succeeds as trademark registration for jeans refused due to likely confusion despite allegations of copying
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The Court of Appeal overturned a High Court decision that had allowed a clothing company to register a trademark for jeans, despite a long-standing dispute with an Irish rival over the 'Diesel' mark. The High Court had previously ruled in favour of the Italian company, finding it to be the originator and owner of the mark, and attributing potential marketplace confusion to the Irish company's alleged prior copying. However, the Court of Appeal held that the question of ownership (proprietorship) had already been conclusively decided in earlier litigation, which found the Irish company was the proprietor in Ireland. The Court of Appeal further ruled that, under the relevant legislation, any likelihood of public confusion—regardless of whether it was caused by alleged wrongful conduct—mandated refusal of registration. As a result, the appeal was allowed, the earlier judgment was set aside, and the Italian company's application to register the mark was refused.
trademark registration – trade marks for jeans – proprietorship – res judicata – confusion – High Court decision overturned – appeal upheld – Trade Marks Act 1963 – likelihood of confusion – wrongful conduct – copying of mark – monetary relief refused – discretion under Trade Marks Act – issue estoppel – court"s interpretation of s. 19
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