Legal News

VAGISAN confusingly similar to VAGISIL (Combe International LLC v Dr August Wolff)

Published on: 13 January 2022
Published by: LexisPSL
  • VAGISAN confusingly similar to VAGISIL (Combe International LLC v Dr August Wolff)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The High Court held that use of the mark VAGISAN by the defendant, in relation to intimate female non-prescription healthcare products, infringed the claimant's earlier UK trade mark registration for VAGISIL, (registered by the claimant for the same and similar goods), on the basis of a likelihood of confusion. The court provided further guidance in relation to the defence of statutory acquiescence along with consideration of sizeable evidence of actual confusion, much of which had been generated by the defendant. Written by Amanda McDowall, legal director at Lee & Thompson LLP. or take a trial to read the full analysis.

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