The judgment concerns two consolidated trade mark disputes between Rage Distribution and Rage Footwear 1999 CC. The court considered non-use, alleged licence use, and a counterclaim about the register entries for the RAGE and RAGE KIDS LOGO marks. The court ordered that Rage Distribution's non-use action succeed, Rage Footwear's infringement action be dismissed, and the two trade mark registrations be removed from the register.
This appears to concern trade mark register removal, alleged licence use, and infringement issues involving clothing and footwear businesses.
Evidence from source
The primary questions the court is called upon to determine are thus whether Rage Footwear’s trademarks fall to be removed from the register for non-use and whether they have been infringed by Distribution.
Supports: plain_summary sentence 2
In the result, the following order is made: 1. Rage Distributions non-use action succeed. 2. Rage Footwear infringement action is dismissed. 3. Rage Distributions counterclaim succeed.
Supports: plain_summary sentence 3
The Trademark registration no. 1999/13342 RAGE in class 25 is removed from the Register of Trademarks. 5. Trademark registration no. 19991/13039 RAGE KIDS LOGO in class 35 is removed from the Register of Trademarks.