Abbott Diabetes Care v Sinocare & Ors [2025] EWHC 206 (Ch) was a trade mark and passing off dispute between two global pharmaceutical companies in the Chancery Division of the High Court.
Abbott alleged that Sinocare had infringed its brand rights in the on-body unit (OBU) of its FreeStyle Libre continuous glucose monitoring (CGM) system.
Sinocare counterclaimed for the invalidity of the trade mark registration, alleging that Abbott’s mark was not distinctive and sought to protect features of a shape that had a technical function.
The Court found in favour of Sinocare on all points: they did not infringe and the trade mark was invalidated.
Richard Smith J’s judgment evidences the difficulty in maintaining trade mark rights in the shape of a product, particularly when that shape has a technical function.
4 New Square Chambers’ Theo Barclay acted for the successful defendants Sinocare & Ors, led by Benet Brandreth KC at 11 South Square, instructed by Bird & Bird LLP.
