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June 22, 2026A team led by Pranav Bhanot of WYN Legal has secured a swift result for a global hospitality chain after a third party was found unlawfully using its registered trademark.
Acting on the chain's behalf, the team appeared before the Intellectual Property Enterprise Court (IPEC) seeking an interim injunction to stop the unlawful use of the registered mark. The mere act of issuing the court application was enough to prompt the Defendant to remove their sign. Undertakings were then provided to the court, with the Defendant agreeing not to use the offending sign, or anything similar to it, pending trial.
The case is a striking reminder that in trademark disputes, decisive action can resolve matters before they ever reach a courtroom battle.
Key Takeaways From Bringing a Case in the IPEC
- Speed Is Everything. In trademark infringement matters, particularly serious ones, time is not on your side. The longer infringing use continues, the greater the potential damage to brand reputation and revenue. In serious cases, a claim form and particulars of claim should be accompanied by an application for injunctive relief from the outset.
- Detail Your Losses. A witness statement is only as powerful as the evidence behind it. When applying for an injunction, it's essential to set out, in as much detail as possible, the financial loss, or likely financial loss, caused by the infringing mark. Vague assertions of harm won't cut it.
- Show the Confusion. Evidence of actual or potential consumer confusion can significantly strengthen an application for an injunction. If customers are mistaking the infringing brand for the genuine article, that's powerful proof of the harm being done.
- Don't Underestimate Settlement. Litigation isn't always the end goal. Seeking undertakings from a potential defendant not to use the offending mark can resolve matters efficiently, without the need for a full trial. The courts feel strongly about parties wasting court time, and a well judged settlement attempt can demonstrate reasonableness while protecting your client's rights.
Our thanks to Dr Tim Sampson of Lamb Chambers for his support on this matter.
If WYN Legal can help with your trademark dispute, please contact info@wyn.legal
