CHANCERY DIVISION
INTELLECTUAL PROPERTY LIST (ChD)
SHORTER TRIAL SCHEME
7 Rolls Buildings Fetter Lane London |
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B e f o r e :
Remotely via Skype
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(1) SAZERAC BRANDS, LLC (2) SAZERAC COMPANY, INC (3) SAZERAC UK LIMITED |
Claimants |
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(1) LIVERPOOL GIN DISTILLERY LIMITED (2) HALEWOOD INTERNATIONAL LIMITED (3) HALEWOOD INTERNATIONAL BRANDS LIMITED |
Defendants |
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MR. TOM MOODY-STUART QC and MR. THOMAS JONES (instructed by TLT LLP) for the Defendants
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Crown Copyright ©
MR. JUSTICE FANCOURT :
"It is to be inferred that the defendants chose the mark AMERICAN EAGLE because of the high degree of similarity to the Sazerac Marks and with the intention of taking advantage of the reputation attaching to the Sazerac Marks. Alternatively, even if the Defendants did not choose the mark AMERICAN EAGLE specifically for this reason, they knew or should have known that the said mark would benefit from the reputation of the Sazerac Marks and intended, or were reckless, as to this effect."
Sub-paragraph (4A) then pleads the particulars that the claimants rely on in relation to their plea of recklessness.
(For continuation of proceedings: please see separate transcript)
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