A repair company had its trademark infringed by several firms that drove vehicles so similar in appearance they could be considered as being part of the same brand.
Zockoll Group Ltd owned the EU registered design of a work van with an oversized screwdriver attached to the roof.
It granted one single UK company the license to use the design for its vehicles.
However, three other repair firms also drove vans with a large screwdriver attached to the roof. All three companies were owned by the same person.
Zockoll brought an action for passing off and for infringement of its EU registered design.
The judge ruled in favour of Zockoll. Although the make and model of some of the vans used by the other companies were different to those used by Zockoll, the distinguishing feature was the screwdriver on the roof.
There was nothing to suggest that the offending vans were not part of the Zockoll brand.
Zockoll were granted an injunction preventing the firms using their vans until the screwdrivers had been removed. The owner of the companies accepted the judgment.
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Case featured:
Screwdrivers on van roofs infringed company’s trademark
ZOCKOLL GROUP LTD & ANOR v MR HANDY LTD & ORS (2018)
Ch D (Judge Hacon) 31/01/2018