Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244
Judgement for the case Datacard Corporation v Eagle Technologies Ltd
Table Of Contents
Claimant (Datacard) was supplier of printers; owned trade mark ‘DATACARD’.
Defendant (Eagle Technologies) was seller of card printers. Defendant used Claimant’s trade mark on its website, and also on labels applied to packaging of printer products sold by Defendant.
Claimant 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.
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Even if consumer is not confused about origin when purchasing goods on website, may be confused later upon delivery of products
I.e. consumer might not, when buying printer, have any belief at all that that printer is connected to Datacard
But when printer then arrives with ‘DATACARD’ on product label, consumer may only at that point form incorrect belief they are connected to Datacard
For Further Study on Datacard Corporation v Eagle Technologies Ltd
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