Claridge Candles’ Claridge’s Clash

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  1. The mark and sign were visually and aurally almost identical, with a high degree of conceptual similarity (as one is the possessive form of the other).
  2. Although the goods in respect of which the Mark was used and were intended to be used were not all related, both parties treated the case as “all or nothing\”. None of the types of goods considered was close to ‘hotel services’, but the Defendants’ candles were all premium products so the parties’ goods and services may have appealed to a similar part of the public.
  3. As noted above, the Claimant’s Mark had a very substantial reputation.
  4. The Claimant’s Mark was inherently distinctive – it was an uncommon name and had become internationally recognisable through its “long and well-publicised use\”.
  5. The public may have believed the parties’ goods and services came from the same or economically-linked undertakings and there was a likelihood of confusion.

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