United Airlines v United Airways [2011] EWHC 1627 (Ch)

• Claimant was well-established American airline with worldwide reputation, Claimant was a relatively new Bangladeshi airline which had chosen name ‘United Airways’.

• Claimant sued under all of sections 10(1)-(3) for infringement of its trade marks.

Held

• Where Defendant deliberately chooses his name so as to benefit from someone else’s reputation, cannot rely on own name defence.

• Even where this is not case, defence cannot be relied upon unless there is good reason why likelihood of confusion should be tolerated.

  • I.e. where Defendant had alternative names to choose from, must show a reason why he used the name in question.

• On facts, defence did not apply.