January 2003
Not so white as China White
Harrison v. Teton Valley Trading Co Ltd (2002) Chancery Division.
Trendy London nightclub China White has been caught up in an argument stemming from a cocktail.
China White is owned by Teton Valley Trading Co Limited who employed bar men who then formulated a signature cocktail of the nightspot; the "Chinawhite". One of the bar staff informed Mr Harrison (the applicant) of the recipe. The applicant then incorporated a company called China White Limited and attempted to register a trade mark in classes 32 (beer, water and non alcoholic drinks) and 34 (alcoholic beverages) which would cover the sale of this copied cocktail.
Teton Valley Trading opposed this trade mark application for two reasons:
· Mr Harrison was planning to use the trade mark on an alcoholic drink. This would mean that he would be infringing the intellectual property of the club "China White" by committing passing off.
· Mr Harrison was certainly aware of China White's use of the mark prior to his attempts to register it for himself and should therefore have been aware of the deceptive nature of his application.
HELD:
The applicant had acted in bad faith in attempting to register the trade mark. Having already lost at the original opposition hearing he requested an appeal at which the hearing officer confirmed that it is possible for an application to be brought in bad faith even where the applicant does not see anything wrong in his behaviour. He would therefore not be able to register his desired trade mark.
BRIFFA Comment:
It is clear from the rising tide of trade mark opposition hearings that other intellectual property owners are keen to protect their assets. It is clear that a trade mark owner does not need to tolerate those who copy or pass off their goods and services as yours in order to "piggy back" off your goodwill and success. We are more than happy to help clients with all elements of intellectual property protection.