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Wasabi Frog v Miss Boo
UK - Trade marks - interim injunction
Wasabi Frog Ltd v Miss Boo Ltd & Anor
[2009] EWHC 2767 (Ch)
[2009] EWHC 2767 (Ch)
4 November 2009
Warren J
Warren J
Facts and Background
The Claimant was the owner of the marks and domain names âboohooâ, âboohoo.comâ and âbooâ. It sought to restrain the Defendants from trading under the mark âMiss Booâ and using the domain name âmiss.boo.co.ukâ or any other names or marks colourably similar to the Claimantâs marks and domain names. Both the Claimant and the Defendants were clothing retailers.
The Claimant was the owner of the marks and domain names âboohooâ, âboohoo.comâ and âbooâ. It sought to restrain the Defendants from trading under the mark âMiss Booâ and using the domain name âmiss.boo.co.ukâ or any other names or marks colourably similar to the Claimantâs marks and domain names. Both the Claimant and the Defendants were clothing retailers.
An application was made for an interim injunction
Held
An interim injunction was granted. There was a triable issue as to a likelihood of confusion. The Judge considered the Claimant had a strongly arguable case on trade mark infringement and an arguable case on passing-off as well.
An interim injunction was granted. There was a triable issue as to a likelihood of confusion. The Judge considered the Claimant had a strongly arguable case on trade mark infringement and an arguable case on passing-off as well.
