Maier & Anor v Asos Plc & Anor [2015] EWCA Civ 220
The Court of Appeal considered an appeal from the judgment of Rose J. in a trade mark dispute between the proprietor of the mark ASSOS and the operators of the fashion website ASOS. The Court held that Rose J. had erred in finding that there was no infringement because she had wrongly treated the mark as confined to the context of those goods for which it had been used rather than also considering notional and fair use. However, they held by a majority (Sales LJ dissenting) that the Defendants were entitled to the Own Name Defence.