Cases

Boehringer Ingelheim Ltd & Others v Vetplus Ltd (ChD)

Held

On the material before the court the “sting” or “take home message” of the proposed advertisement, that the product in question failed to meet its label claim, was capable of being justified. Therefore, the rule in Bonnard v Perryman applied and an injunction was refused. Further, if this was the wrong approach, the Claimants had not established with particular reference to their claim for trade mark infringement, s.12(3) Human Rights Act 1998 and Cream Holdings v Banerjee that they were “more likely than not” to succeed at trial, so the application would have failed on this basis too.

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