The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC)
Trial of a claim for European Trade Mark infringement and passing off before IPEC. The parties are both retail chains selling sofas and soft furnishings who traded under their respective names. The case was a full action fought over 2 days under the IPEC procedure and demonstrates that such claims can, if properly organised, be litigated effectively using this procedure. Validity and infringement of the mark “Sofa Workshop” were in issue on all grounds. There was evidence of actual confusion between the parties arising from the similarity of their names. The court held that the registrations were invalid on the ground that they had not been used in a sufficient part of the EU (only UK use was established) and because the mark is inherently descriptive (although it had acquired distinctiveness in the UK) but would have been infringed if valid. The passing off claim succeeded.
Michael Silverleaf QC and Anna Edwards-Stuart appeared for the successful claimants.