Boxing Brands Ltd v Sports Direct International Plc & Ors [2014] EWHC 91 (Ch)
This was the latest instalment in a long running dispute between Boxing Brands Ltd (BBL) and the Sports Direct group of companies (Sports Direct) as to the ownership of and entitlement to use the mark QUEENSBERRY. In November 2012 Sports Direct began offering various QUEENSBERRY branded clothing from their websites and selected stored. BBL, the proprietor of various trade marks for the words QUEENSBERRY and QUEENSBERRY RULES, obtained an interim injunction against Sports Direct restraining the use of the marks QUEENSBERRY and QUEENSBERRY RULES in relation to clothing and sporting equipment until trial. Equivalent undertakings were given by BBL so as to preserve the status quo pending the trial. At the trial it was held that BBL’s QUEENSBERRY marks for clothing were valid and had been infringed by the QUEENSBERRY branded clothing sold by Sports Direct. Following the trial it emerged that Sports Direct had intended to sell other QUEENSBERRY branded products which it claimed were covered by the cross-undertaking but which had not been dealt with at trial. A further hearing was ordered to resolve the dispute in respect of these products. Birss J held that most of the products that Sports Direct had intended to sell did infringe BBL’s trade marks, however a few did not. Of these items only two (corner pads and punch bags) had actually been ordered in advance of the injunction. Although these products were covered by the cross-undertaking Birss J. declined to exercise his discretion an order an enquiry as he was not convinced that Sports Direct had ever intended to launch a free-standing equipment range, let alone one limited to the products held not to infringe.