Jean Christian Perfumes Ltd & Anor v Thakrar (t/a Brand Distributor or Brand Distributors Ltd) [2011] EWHC 1383 (Ch) (27 May 2011)

Jean Christian Perfumes Ltd & Anor v Thakrar (t/a Brand Distributor or Brand Distributors Ltd) [2011] EWHC 1383 (Ch) (27 May 2011)
Regarding whether oral use of a trade mark can amount to infringing use, the usual texts books seem to say that such is the case and it appears to be implicit in the Court of Justice's decision in C-2/00 Holterhoff [2002] FSR 52. Furthermore, it is clear that sounds can be registered as Community trade marks (so long as they are capable of being represented graphically), so it would be peculiar if oral use of a mark could not amount to an infringement. Article 9(2) gives examples of use which may amount to infringement and there is nothing to suggest oral use is excluded. I am satisfied that oral use of a mark can amount to infringement of the rights granted by registration of a Community trade mark.