TVIS Limited v Howserv Services Limited & Ors [2024] EWCA Civ 1103
This was an appeal in a trade mark and passing off dispute in which TVIS had alleged infringement and misrepresentation of its VETSURE trade mark by Howserv’s PETSURE trade mark, used for identical services. At first instance the claim had been dismissed. The Court of Appeal held the judge had erred in his approach to the conceptual comparison of the marks and to distinctive character. It also criticised the judge’s approach to the evidence on confusion; holding that it should not have been dismissed as showing mere “administrative errors” and that a number of instances relied on by TVIS did in fact show relevant confusion. The Court of Appeal therefore re-evaluated the likelihood of confusion. Having done so, it held that there was trade mark infringement and passing off and that Howserv’s own trade mark registration was invalid. Benet Brandreth KC acted for the successful appellant, TVIS, on appeal and Chris Aikens for Howserv at first instance and on appeal.