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Datacard Corporation v Eagle Technologies Ltd

[2011] EWHC 244

Case summary last updated at 01/02/2020 16:24 by the Oxbridge Notes in-house law team.

Judgement for the case Datacard Corporation v Eagle Technologies Ltd

C (Datacard) was supplier of printers; owned trade mark ‘DATACARD’. D (Eagle Technologies) was seller of card printers. D used C’s trade mark on its website, and also on labels applied to packaging of printer products sold by D. C sued for infringement of trade mark. Held:
·       Was infringement under Article 5(1)(b)
·       On basis of ECJ authority, post-sale confusion suffices to show infringement.
·       Even if consumer is not confused about origin when purchasing goods on website, may be confused later upon delivery of products
Ø  i.e. consumer might not, when buying printer, have any belief at all that that printer is connected to Datacard
Ø  but when printer then arrives with ‘DATACARD’ on product label, consumer may only at that point form incorrect belief they are connected to Datacard

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