Bambino Mio Ltd v Cazitex [2009] EWCA Civ 922 (29 July 2009)

Bambino Mio Ltd v Cazitex [2009] EWCA Civ 922 (29 July 2009)
This is an appeal from an order made on 13 November 2008 by HHJ Pelling QC, sitting as a judge of the High Court in trademark proceedings. The claimant, Bambino Mio Ltd, is the owner of the registered UK trademark 2324213 for the wordmark "Bambino Mio" ("the mark") in respect of goods in classes 3, 6, 21 and 25.

The defendant, Cazitex MV, a Belgian company, manufactures and sells through agents in the United Kingdom reusable nappies falling within class 25. For a few months at the beginning of 2007, that product was sold under the name or sign "Bambineo" ("the sign"). Following objection by the claimant in a letter from its trademark agents dated 19 March 2007, the defendant informed the claimant that it would discontinue use of that sign. The judge found that from 23 May 2007 the defendant's product was sold in the United Kingdom under a different name, "Bambinex", in respect of which the claimant has made no objection.

Nevertheless the present proceedings for infringement were commenced on 5 June 2007 claiming an injunction, delivery up or destruction of the allegedly infringing goods and an inquiry as to damages or an account of profits. The judge observed, at paragraph 1 of his judgment, that the only substantive remedy sought at the trial was an inquiry or an account. On the evidence of the defendant's managing director, the sales of the defendant's product under the name "Bambino" in the first few months of 2007 were commercially insignificant and not generating a profit.