Alice Limited v Photogram Limited & ors [2024] EWHC 3256 (IPEC)
This was a claim for infringement of a trade mark consisting of the word ALICE registered in respect of certain audiovisual equipment and related services. The Claimant traded as ALICE, selling equipment including amplifiers, mixing desks, and timecode distribution amplifiers. In 2021, the Defendants started advertising and selling a camera designed for use with a smartphone and incorporating AI technology, under the brand ALICE / ALICE CAMERA.
The Court dismissed the Defendants’ counterclaim for revocation of the Claimant’s trade mark on grounds that it had not been put to genuine use, and held that it had been infringed as alleged by the Claimant. The Court rejected the Defendants’ evidence that their cameras had a different target audience from the goods for which the Claimant’s trade mark was registered, holding that there was indeed a likelihood of confusion as a result of the Defendants’ activities.
David Ivison appeared for the Claimant at trial and at the hearing of an interim application in which a counterclaim for cancellation of the Claimant’s trade mark on the basis of alleged bad faith was struck out.
[2024] EWHC 3256 (IPEC)