We were instructed in relation to a trade mark dispute by a fashion house, which designs and sells bespoke menswear.
Our client received a letter before action from a competing fashion designer, alleging infringement of its registered trade mark.
The letter before action demanded the provision of undertakings by our client to cease using its logo and trading name, failing which the other designer threatened to commence a claim against our client for trade mark infringement.
We were instructed to defend the threatened claim and secure the client’s ability to continue to use its logo and trading name.
This involved analysing the other designer’s trade mark and trading activities, together with our client’s, in order to build a credible defence to the threatened claim.
We entered into correspondence with the other designer’s trade mark attorneys, running various legal arguments in defence of the threatened claim for trade mark infringement. We also asserted a counterclaim against the other designer for the revocation of its trade mark.
As a result of the arguments we put forward, the threatened claim was withdrawn and our client has successfully obtained its own trade mark.