For the whole decision click here: o40499
Result
Request for disclosure refused
Points Of Interest
Summary
There had previously been a request for discovery which was granted. The Registry accepted information from the applicants as discharging their responsibility but the registered proprietor was not satisfied and appealed to the Appointed Person. A fresh Order was issued and the applicants Investigator, Mr A Keith, filed a further Statutory Declaration. In this declaration Mr Keith referred to a conversation between himself and members of bar staff in a Public House and stated that he was told that the registered proprietor, Mr Gracey, had been banned from the Public House.
The fresh request for discovery related to pretext, time and name of the Public House together with a description of the member of bar staff concerned. A further Statutory Declaration by Mr Keith failed to provide all the information requested and the fresh request for discovery was maintained but limited to a request to provide the name of the public house mentioned in Mr Keith's declarations.
The Hearing Officer decided that the request for such information was outside the confines of the Trade Marks Act and Rules as the information could not be used in relation to the trade mark dispute at issue.