Claire Stone v Alexandra Wenman [2021] EWHC 2546 (IPEC)
Christopher Hall represented the defendant in this trade mark and passing off dispute between two spiritual and holistic therapists, both of whom were using the name ‘Archangel Alchemy’ in respect of training and coaching courses. The claimant had registered the name as a trade mark in 2019 and subsequently sued for infringement. In response, the defendant sought a declaration of invalidity, principally on the grounds that she had been using the name since around 2010 and was the owner of an earlier right under the law of passing off. On the same basis, she also counterclaimed for passing off.
The central issue was whether the defendant’s activities had been sufficient to generate goodwill under the name. The court found in the defendant’s favour on that issue, dismissing the claim and allowing the counterclaim.