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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CRUISER (Trade Mark: Opposition) [2006] UKIntelP o15706 (12 June 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o15706.html
Cite as: [2006] UKIntelP o15706
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CRUISER (Trade Mark: Opposition) [2006] UKIntelP o15706 (12 June 2006)
For the whole decision click here: o15706
Trade mark decision
- BL Number
- O/157/06
- Decision date
- 12 June 2006
- Hearing officer
- Mr G Salthouse
- Mark
- CRUISER
- Classes
- 32
- Applicant
- Spencers Drinks Limited
- Opponent
- Independent Liquor (NZ) Limited
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Bad faith.
Summary
The opponents were manufacturers of an alcoholic drink which they sold in Asia and the Antipodes under the label KRISTOV VODKA CRUISER (the latter word being the most prominent on the label). Promotional visits to the UK had been made and potential customers contacted. In their case alleging bad faith the opponents also made reference to the applicant’s previous behaviour in closely copying SMIRNOFF ICE’s get up.
The Hearing Officer found that the opponents had not established a prima facie case of bad faith; the applicants’ previous behaviour in other cases was therefore not an issue. The Section 3(6) ground was therefore dismissed.
The Hearing also found that the opponents had not shown that they had a goodwill in the mark at the relevant date, and the Section 5(4)(a) objection failed