IPC Media Ltd v Media 10 Ltd, Intellectual Property Enterprise Court
IPC Media Ltd (IPC) has lost an infringement claim regarding its trade mark “IDEAL HOME”. IPC claimed that Media 10 Ltd (Media) was infringing its trade mark by launching an online retail shop under the Ideal Home Show banner.
Media has run the Ideal Home Exhibition since the early 1900s and existed peaceably alongside IPC’s trade mark since its registration. IPC argued that the start of an online retail shop had changed the peaceful co-existence between the two companies because of the movement into online sales. IPC claimed that due to the similarities between the businesses of the two companies, the average consumer would be confused and likely to assume a connection between the two names.
The Court found against IPC and concluded that any confusion was no more than could be expected due to the parties’ concurrent trading in their core businesses using the name “Ideal Home” and therefore the trade mark IDEAL HOME was no more adversely affected than previously during the period of peaceful co-existence accepted by the two companies.