Planetart v Photobox Free Prints [2020] EWHC 713 (Ch)
The parties operated competing mobile apps offering online photo printing. The claimant’s app was called ‘FreePrints’. The defendant’s app was called ‘Photobox Free Prints’. Both provided a monthly allowance of free prints. The claimant alleged passing off and infringement of a trade mark for their app icon. The passing off claim was dismissed. The claim for trade mark infringement succeeded in relation to the defendant’s app icon but was dismissed otherwise. The case raised interesting questions about the protectability of descriptive phrases.
Thomas Alkin and Kyra Nezami appeared for the Defendants