Miss World Ltd. v Channel Four Television Corporation, Court of Appeal - Patents Court, April 16, 2007, [2007] EWHC 982 (Pat)

Reporting Judge: [2007] EWHC 982 (Pat)

President: Miss World Ltd. v Channel Four Television Corporation

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Extract

Miss World Ltd. v Channel Four Television Corporation, Court of Appeal - Patents Court, April 16, 2007, [2007] EWHC 982 (Pat)

Neutral Citation Number: [2007] EWHC 982 (Pat)

Case No: HC07C01035

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

PATENTS COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 16 April 2007

Before:

MR. JUSTICE PUMFREY

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Between:

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Digital Transcription by Marten Walsh Cherer Ltd.,

6th Floor, 12-14 New Fetter Lane, London EC4A 1AG

Telephone No: 020 7936 6000. Fax No: 020 7427 0093

DX 410 LDE info@martenwalshcherer.com

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Mr. Simon Malynicz (instructed by Marks & Clerk Solicitors) for the Applicant/Proposed Claimant

Miss Madeleine Heal (instructed by Channel Four) for the Respondent/Proposed Defendant

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Judgment

MR. JUSTICE PUMFREY:

This is an application for interim relief in respect of infringement of domestic registered trade marks and community trade marks by Miss World Limited, the organizer of the well-known beauty pageant. I say "well known" since it is accepted on the part of the defendant in this case that the name "Miss World" has an immediately recognizable impact.

The defendant is Channel 4 Television Corporation, which proposes to transmit a programme on the evening of Tuesday, 17th April under the name "Mr Miss World". This programme follows the fortunes of an English competitor in a beauty pageant for transvestites and transsexuals that took place in Thailand in 2006 and which was called "Miss International Queen".

The evidence is that the claimant became aware of the proposed transmission on 11th April. Complaint was made on the basis of certain registered trade marks and community trade marks on 12th April. It will be appreciated that this complaint was made late having regard to the intended date of transmission, but this is not really so surpr...

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