Trade Marks and Passing off: KBF Enterprises Ltd v Singh and others

Author Basher Eyre Licence Creative Commons Attribution-Share Alike 2.0 Generic Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) KBF Enterprises Ltd v Gladiator Nutrition 3.0Ltd and Others [2018] EWHC 3041 (IPEC) This was an action for trade mark infringement and passing off . There was also a counterclaim for a declaration that the trade marks were invalid and for a finding that the claimant was passing itself off as connected with the third defendant, Mr Daniel Singh. The Dispute The claimant carried on business as Bodybuilding Warehouse . It claims to be "the number one bodybuilding supplements website and manufacturer in the UK" and has registered the following word marks: WARRIOR SUPPLEMENTS WARRIOR BLAZE WARRIOR FAT BURNER , and WARRIOR . All of those marks were registered for food supplements and some for foods or other goods. Bodybuilding Warehouse compl...