(1) Fit Kitchen Limited (2) Amar Lodhia v Scratch Meals Limited [2020] EWHC 2069 (IPEC)
This was the trial of a claim for trade mark infringement and passing off.
The Claimants operate a business called “Fit Kitchen” delivering ready meals tailored to its customers’ specific nutritional requirements. The Defendant manufactured and sold ready ready meals through major UK supermarkets, also under the name “Fit Kitchen”.
The Defendant alleged that the First Claimant’s trade mark (“the Mark”) had been registered in bad faith, as the First Claimant was dissolved for failure to file its annual accounts shortly before the Mark was applied for (although it was subsequently restored to the register). The Defendant denied infringement and passing off.
The Court dismissed the counterclaim for a declaration of invalidity of the Mark, finding that the dissolution of the First Defendant had been the result of an innocent administrative error. The Defendant’s liability for trade mark infringement under section 10(2) of the Trade Marks Act 1994 (“the Act”) and passing off was established. The claim for infringement under section 10(3) of the Act was dismissed.
David Ivison appeared for the Claimants.