This was an unsuccessful appeal by the UK consumer goods
retailer, Argos Limited ("AUL") following the rejection
of its claim for trade mark infringement and passing off in
2017.
2017 Claim
Argos Systems Inc ("ASI") is a US corporation which
sells construction software only in the USA, under the mark
ARGOS.
AUL (who trade predominantly in the UK and Ireland under the
same mark), brought a claim against ASI in 2017 for passing off and
trade mark infringement, under Articles 9(1)(a) and 9(1)(c) of
Community Trade Mark Regulation (207/2009) ("the
Regulation"), concerning ASI's use of the mark ARGOS in
its domain name – www.argos.com and on its website.
AIS had placed Google AdSense advertising on its website since
2009, and AUL had also participated in Google ad programs,
resulting in AUL's adverts appearing on ASI's website and
attracting UK visitors who intended to access AUL's website at
argos.co.uk.
