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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 6 NOVEMBER 2009
BOOHOO! Interim relief includes disabling of domain name

 In application for interim injunctive relief on Wednesday in the High Court (Chancery Division) for England and Wales, Mr Justice Warren summarised the principles on which a trade mark owner could get provisional relief, effectively confirming that they remain the sale where the trade mark owner and the alleged infringers are e-traders as if they were regular bricks-and-mortar businesses.  The judge's order included the disabling of the defendant's website which was operating under an allegedly infringing domain name.

This case is Wasabi Frog Ltd v Miss Boo Ltd and Gulfraz Mohammed [2009] EWHC 2767 (Ch).  The claimant owned the Community trade marks BOO, BOOHOO and BOOHOO.COM in various classes; the defendants were using the terms MISS BOO and MISSBOO.CO.UK, their domain name being www.missboo.co.uk.

Posted by: Blog Administrator @ 09.24
Tags: interim relief, disabling of website,
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