![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Chancery Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Thomas Pink Ltd v Victoria's Secret UK Ltd [2014] EWHC 3258 (Ch) (31 July 2014) URL: https://www.bailii.org/ew/cases/EWHC/Ch/2014/3258.html Cite as: [2015] Costs LR 463, [2014] EWHC 3258 (Ch) |
[New search]
[Context]
[View without highlighting]
[Printable RTF version]
[Help]
CHANCERY DIVISION
COMMUNITY TRADE MARKS COURT
INTELLECTUAL PROPERTY
The Rolls Building 7 Rolls Buildings London, EC4A 1NL |
||
B e f o r e :
____________________
![]() ![]() ![]() ![]() |
Claimant |
|
- and - |
||
VICTORIA'S SECRET UK LIMITED |
Defendant |
____________________
1st Floor Quality House, 6-9 Quality Court, Chancery Lane, London, WC2A 1HP.
Telephone No: 020 7067 2900. Fax No: 020 7831 6864
e-mail: info@martenwalshcherer.com
MISS EMMA HIMSWORTH QC (instructed by Mischon de Reya ) appeared for the Defendant.
____________________
Crown Copyright ©
MR. JUSTICE BIRSS:
DRAFTING OF THE INJUNCTION
"Provided that the use of the sign 'VICTORIA'S SECRETPINK'
where all three words are in the same font and size, spaced equally and given equal prominence, is not within the scope of the foregoing injunctions or either of them".
That is the proviso. The point is that in the judgment I held that the only use made of the phrase VICTORIA'S SECRET PINK
in lockup format, which is what that proviso refers to, was on a Facebook page belonging to the defendant or another member of the same Victoria's Secret group. I held that that Facebook page was not directed to the EU and, accordingly, whatever is on it cannot infringe either the UK trade mark or the CTM.
PUBLICATION
ISLAND RECORDS v TRING
STAY OF ISLAND RECORDS v TRING DISCLOSURE
CPR 31.22
COSTS
"In any case where a costs management order has been made, when assessing costs on the standard basis, the court will –
(a) have regard to the receiving party's last approved or agreed budget for each phase of the proceedings; and
(b) not depart from such approved or agreed budget unless satisfied that there is good reason to do so.
(Attention is drawn to rule 44.3(2)(a) and rule 44.3(5), which concern proportionality of costs.)"