The Supreme Court today handed down its judgment in Iconix v Dream Pairs, one of the most significant intellectual property cases in recent years.
It determined the scope of protection to be afforded to trade marks, specifically whether a risk of confusion by passers by seeing trade marks on other people’s clothes was enough to amount to infringement. It also discusses the circumstances in which it is appropriate for the Court of Appeal to overturn the evaluative decision of a High Court Judge, and when the Supreme Court can overturn the Court of Appeal.
The facts concerned the footwear below. The Dream Pairs logo (on the boot on the right) was deemed not to infringe the famous Umbro trade marks.
Theo Barclay acted for the successful Appellants, Dream Pairs, led by Mark Vanhegan KC at 11 South Square.
The judgment is available here.
