Cases

Boehringer Ingelheim Ltd & Others v Vetplus Ltd (CA)

Facts

The Claimants and Defendant compete in the market for nutritional supplements for animals. The Defendant intended to make certain public statements, including adverts in the veterinary press, to the effect that one of the Claimants’ products contained significantly less of its principal active ingredient than claimed on its label. In making such claims the Defendant intended to use the Claimants’ trading name, and that of their product, both of which are registered UK and EC trade marks. Pumfrey J refused an interim injunction, because he found that the “sting” or “take home message” of the proposed advert was capable of being justified and, therefore, the rule in Bonnard v Perryman applied. The Judge found also that in relation to the claim for trade mark infringement the Claimants were not “more likely than not" to succeed at trial, so were the test in section 12(3) of the Human Rights Act 1998 applied the application would have failed on this basis too.

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