Abbott v Sinocare [2025] EWHC 206 (Ch)
Abbott v Sinocare was a trade mark and passing off dispute. Abbott claimed brand rights in the shape of the on-body unit (OBU) of its continuous glucose monitoring (CGM) system. It alleged that Sinocare had infringed those rights and passed itself off by the use of Sinocare’s iCan i3 CGM system. Sinocare counterclaimed for the invalidity of the trade mark registration; alleging that Abbott’s mark was invalid for lack of distinctiveness and because the shape protected features having a technical function. The Court found in favour of Sinocare on all points: they did not infringe and the trade mark was invalid both for lack of distinctive character and because it consisted of features with a technical function.
Benet Brandreth KC acted for the successful defendant Sinocare, with Theo Barclay of 4 New Square as his junior, instructed by Bird & Bird LLP.