21 December 2017

Victory for The Black & Decker Corporation in trade mark infringement

Today, 21 December 2017, the Venner Shipley team of Paul Harris, Kate Woolhouse and Haiyue Yu, ably assisted by barrister, Jonathan Moss (Hogarth Chambers) secured victory for client Stanley Black & Decker/The Black & Decker Corporation, in beating off a challenge by former licensee, Dvize bv, to the English Court’s jurisdiction, and trade mark infringement.

The decision of Mr Justice Arnold ([2017] EWHC 3387 (Pat)), in this interim application brought by The Black & Decker Corporation, owner of the famous BLACK + DECKER trade marks, found that TBDC had a good arguable case in establishing jurisdiction in the UK, based on acts or threatened acts of infringement here. He also concluded that there were ‘significant hurdles’ to Dvize establishing a defence that they had consent, pursuant to a draft agreement, which had not been signed by TBDC.

This matter will proceed to full trial in the event no settlement is reached. Commenting, Paul said “the success for TBDC was fully justified, and was a great result for them, and the entire team.”