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Reports of Patent, Design and Trade Mark Cases 2006 123(25):849-871; doi:10.1093/rpc/2006rpc33
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© Crown Copyright

[2006] R.P.C. 33

SPECIAL EFFECTS LTD v L'ORÉAL SA

High Court of Justice (Chancery Division)

(The Chancellor of the High Court (Sir Andrew Morritt)): February 28 and March 1, 2 and 17, 20061

[2006] EWHC 481 (Ch); [2006] R.P.C. 33

Trade mark—Infringement—Validity—Counterclaim for declaration of invalidity and revocation—First defendant previously unsuccessful in opposition proceedings—Whether challenge to validity in counterclaim precluded by cause of action estoppel and/or issue estoppel—Whether second defendant a privy to the first defendant for purposes of estoppels—Whether Art.6 of ECHR precluded reliance on estoppels—Whether defendants precluded from relying on prior use in counterclaim for passing off—Whether claim for revocation on ground of non-genuine use premature.

Key Words: Cause of action estoppel • Cosmetics • Infringement • Issue estoppel • Opposition proceedings • Privity • Trade marks • Validity

1 Paragraph numbers in this judgment are as assigned by the court.


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