Trouble for Urbanbubble—Urban Evolution not liable for trade infringement or passing off (Urbanbubble v Urban Evolution)

Article summary

IP analysis: The claimants and defendants in this case provide property management services under the names ‘Urbanbubble’ and ‘Urban Evolution’, respectively. The claimants alleged that the defendants had infringed UK trade mark URBANBUBBLE and committed passing off by trading under the name ‘Urban Evolution’ in the same field as the claimants. The judge dismissed the claim in its entirety. He found that the limited evidence of apparent confusion (all of which was disclosed by the defendants) was not sufficient to prove a likelihood of confusion. Further, there was neither a benefit to the defendants nor a detriment to the claimants for the purpose of section 10(3) of the Trade Marks Act 1994 (TMA 1994). In addition, the judge found that the claimants had consented to the defendants’ use of the Urban Evolution name. Passing off was dismissed due to the lack of an actionable misrepresentation. Written by Kendal Watkinson, pupil barrister at Hogarth Chambers.