Virgin Enterprises Ltd v Casey [2011] EWHC 1036 (Ch) (20 April 2011)
- Appeal by Virgin Enterprises Ltd (VEL) of a decision by the Hearing Officer at the IPO Trade Mark Registry in favour of Mr Casey under s.76 Trade Marks Act 1994.
- Mr Casey had applied to register the trade mark "CARBON VIRGIN" in relation to good sin class 35; VEL opposed this registration on the basis of various "VIRGIN" trade marks; the Hearing Officer did not find any of the grounds of opposition made out; VEL appealed to the High Court.
- The case was significant because the judge expressly rejected VEL's attempt to "appropriate the word "VIRGIN" for [its] exclusive use in connection with its products and services". This is significant for all brands, but particularly superbrands, whose trade marks contain or consist of a word in common usage.
- Appeal dismissed; VEL to pay Casey's costs.