Asprey & Garrard v WRA (Guns) Ltd (t/a William R Asprey Esq)
(unreported, 18 May 2001) demonstrates the limits of the defence to trade mark infringement under s 11(2)(a) Trade Marks Act 1994.
The claimant was an established family business which, following a merger in 1995, had traded under the name Asprey & Garrard. The defendant was directly descended from the original founder of the company and had worked for the company for nine years. For the last three years of his employment he had run their gunroom. He left the company in 1999 (blaming the merger) and set up his own company specialising in guns, trading under the name William R Asprey Esq.
The defendant sold many products featuring the name "Asprey", including guns (for which Asprey had a UK registered trade mark). His shop was based in the West End of London, near the claimant's shop. The defendant also displayed a showcase at the Dorchester Hotel, which the claimant had previously done. The claimant brought proceedings
