ARTICLE · 18 MARCH 2024

Post-Sale Confusion - Iconix v Dream Pairs

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This article considers an unusual, but potentially significant UK trade mark judgment dealing with post-sale confusion. The case referred to is Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc. and another.

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This article considers an unusual, but potentially significant UK trade mark judgment dealing with post-sale confusion. The case referred to is Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc. and another.

The facts

Iconix is the owner of the Umbro Logo, which can be described as a double diamond trade mark. Iconix sued Dream Pairs for trade mark infringement – the claim related to football boots and footwear that featured the Dream Pairs Logo, seemingly a stylised DP.

The logos appear side-by-side below:

The law

Iconix relied on Sections 10(2)(b) and 10(3) of the UK Trade Marks Act 1994 which are very similar to Section 34 of the South African Trade Marks Act 194 of 1993:

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