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Koninklijke Philips Electronics NV v Remington Consumer Products Ltd. & Anor

[2006] EWCA Civ 847

Case details

Case citations

[2006] EWCA Civ 847

Court

Court of Appeal (Civil Division)

Judgment date

26 January 2006

Judgment text

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Subjects

Intellectual property Trade marks

Keywords

452 mark device marks appeal cross-appeal

Outcome

appeal dismissed; cross-appeal allowed

Judicial consideration

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Summary

The supplied judgment records only the formal disposition. The appeal concerning the 452 mark was dismissed, while the cross-appeal concerning the device marks was allowed. The text supplied does not contain the court’s reasons or any articulated legal test.

Factual background

The claimant appealed from the Chancery Division before Mr Justice Rimer. The respondents cross-appealed. The judgment identifies the 452 mark and the device marks as the subject matter of the respective appeals. The Court of Appeal records the outcome but does not set out the underlying issues or reasoning.

Held

Lord Justice Mummery stated that the appeal was dismissed and the cross-appeal allowed for the reasons given in draft judgments to be made available to counsel. Those draft judgments are not included in the supplied text.

Appeal: dismissed in relation to the 452 mark.
Cross-appeal: allowed in relation to the device marks.

The formal order records that the appeal was refused and the cross-appeal allowed.

The court’s approach to earlier authorities

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Appellate history

Court of Appeal (Civil Division): [2006] EWCA Civ 847. The appeal was dismissed on the 452 mark and the cross-appeal was allowed on the device marks.
Chancery Division: Appeal from a decision of Mr Justice Rimer. No citation for that decision is stated in the judgment.

Lower court decision

Judgment appealed:

Not stated in the judgment

Outcome:

appeal dismissed; cross-appeal allowed

Key cases cited

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Cases citing this case

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