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Law Cases
Intellectual Property Law Cases
Trademarks 2 Cases

Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244

Country:
United Kingdom
By Oxbridge Law Team
Held

  • Claimant (Datacard) was supplier of printers; owned trade mark ‘DATACARD’.

  • Defendant (Eagle Technologies) was seller of card printers. Defendant used Claimant’s trade mark on its website, and also on labels applied to packaging of printer products sold by Defendant.

  • Claimant sued for infringement of trade mark.

Held

  • Was infringement under Article 5(1)(b)

  • On basis of ECJ authority, post-sale confusion suffices to show infringement.

  • Even if consumer is not confused about origin when purchasing goods on website, may be confused later upon delivery of products

    • I.e. consumer might not, when buying printer, have any belief at all that that printer is connected to Datacard

    • But when printer then arrives with ‘DATACARD’ on product label, consumer may only at that point form incorrect belief they are connected to Datacard

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