22118 Artistic Upholstery Limited v Art Forma (Furniture) Limited

High Court ( Mr L Collins QC, sitting as a Deputy Judge, 29 July 1999) Trade Marks Act 1994, ss3, 5, 47 – claimant represented Guild of furniture manufacturers – registration and use of LONG POINT by defendant after expulsion from Guild – declaration of invalidity – injunction – summary judgment at court’s discretion – whether claimant could sue in representative capacity in passing off action – ownership of property by unincorporated associations – constitution – whether registration invalid through law on passing off – bad faith not decided – defendant’s lack of prospect of defence – action succeeded (SRIS C/65/99)

Mr T Moody-Stuart (Actons) for the claimant; Mr J Fitzgerald (Browne-Jacobson) for the defendant.