IPC Media Ltd v Media 10 Ltd
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE KITCHIN
- LORD JUSTICE BEAN
Areas of Law
- Intellectual Property Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case concerns IPC's appeal and Media 10's cross-appeal from a lower court ruling that dismissed IPC's trade mark infringement claim and Media 10's counterclaim for rectification. IPC contended that Media 10's use of 'Ideal Home Show' caused consumer confusion and infringed its 'Ideal Home' trade mark, while Media 10 argued that IPC's registration was invalid due to prior use and passing off. The court held that the long period of concurrent use by both parties meant there was no material adverse effect on the functions of IPC's trade mark and dismissed both the appeal and cross-appeal.
Judgment
Lord Justice Kitchin:
This is an appeal and cross-appeal from an order made on 20 December 2013 by Mr John Baldwin QC sitting as a deputy judge of the Chancery Division in the Intellectual Property Enterprise Court in proceedings brought by the appellant, IPC, against the respondent, Media 10, for infringement of registered trade mark. The deputy judge dismissed both IPC’s claim for infringement and Media 10’s counterclaim for rectification of the register. The proceedings concern the use of the words Ideal Home as or as part of a trade mark for online mail order retailing services.
The background
IPC is the publisher of the Ideal Home magazine which is directed to what is known as the home interest market. It was first published in 1920 and throughout its history has been one of the leading publications in this sector. At the time of the trial it had an average monthly circulation of about 200,000 and an estimated readership of about 1.25 million.
IPC considers Ideal Home magazine to be its flagship title and invests heavily in its promotion. In 2012 it spent around £1 million on advertisements for the magazine in printed media, retail outlets and the trade press. This investment has been well rewarded for in the same year the magazine generated around £2.6 million in advertising revenues. IPC claims and I would accept that Ideal Home magazine is now very well known, at least among consumers of home interest products.
Since about 1965 IPC has sold a range of home interest products through the Ideal Home magazine by means of what it calls reader offers and the like. For many years these products were sold only by mail order though it later became possible for readers to purchase them by telephone. More recently IPC has expanded the Ideal Home brand into digital media. Since about 2000 it has been possible for consumers to subscribe online for the Ideal Home magazine and in 2005 a full companion Ideal Home website was launched. This provides online features and advice relating to home decoration, home improvement and life style. Then, in 2009, IPC launched an online shop called the Ideal Home Shop. This allows customers to view and purchase a variety of home interest goods from IPC over the internet. Perhaps anticipating this development, in 2006 IPC applied for and in due course secured the registration of trade mark number 2435081 (“the registered trade mark”) for the words Ideal Home. This is the registered trade mark the subject of these