Visit UKSCUKSC/2024/0032
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INTELLECTUAL PROPERTY
Iconix Luxembourg Holdings SARL (Respondent) v Dream Pairs Europe Inc and another (Appellants)
Case summary
Case ID
UKSC/2024/0032
Parties
Appellant(s)
(1) Dream Pairs Europe Inc (2) Top Glory Trading Group Inc
Respondent(s)
Iconix Luxembourg Holdings SARL
Issue
Was the Court of Appeal right to conclude the trial judge’s conclusion on the similarity of logos was irrational? What approach should the court take when assessing whether trade marks are similar? At what point of time should the confusion of consumers be assessed in a claim for trade mark infringement?
Facts
Iconix owns the sportswear brand Umbro and is the registered proprietor of two trade marks (“the Umbro Trade Marks”), which have been used as logos on football boots in the UK since 1987. Since 2018, Dream Pairs has sold a variety of footwear branded with a logo (“the DP Sign”) in the UK, via Amazon and eBay. Iconix sued Dream Pairs for trade mark infringement on the basis that their use of the DP Sign infringed the Umbro Trade Marks as it was confusingly similar. Iconix’s claim was dismissed by the High Court, which found that there was a very low degree of similarity between the Umbro Trade Marks and the DP Sign, and no likelihood of confusion. Iconix appealed to the Court of Appeal, which allowed the appeal. The Court of Appeal held that the High Court’s finding that there was a very faint degree of similarity between the Umbro Trade Marks and DP Sign was irrational. The Court of Appeal considered that there was a moderately high level of similarity between the logos in the post-sale context, particularly when the DP Sign was viewed on a football boot by a viewer standing nearby and looking down at it. It also concluded that there was a likelihood of confusion on the part of a significant proportion of consumers. Dream Pairs now appeal to the Supreme Court.
Date of issue
5 March 2024
Judgment appealed
Judgment details
Judgment date
24 June 2025
Neutral citation
[2025] UKSC 25
Judgment links
Judgment summary
24 June 2025
Appeal
Justices
Hearing dates
Full hearing
Start date
17 March 2025
End date
17 March 2025
Half hearing
Start date
18 March 2025
End date
18 March 2025
Watch hearings
17 March 2025 - Morning session
17 March 2025 - Afternoon session
18 March 2025 - Morning session
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Change log
Last updated 20 December 2024