Retailer set to launch appeal over High Court judgement

BATHROOM specialists and the North West rivals of Yorkshire’s Victoria Plum are launching an appeal against the recent court judgement over keyword trademark infringement claims.

Victorian Plumbing, based in Merseyside, are launching an appeal against the judgement which centred on the practice of bidding on competitor brand names in Google Adwords.

The High Court ruled in favour of Hessle’s Victoria Plum, preventing Victorian Plumbing from bidding on their competitor’s brand name, as well as a middle-ground term.

Victoria Plum said they would be seeking damages, and the judge also ruled in favour of Victorian Plumbing’s counterclaim for “passing-off”.

Additionally the judge gave Victorian Plumbing permission to appeal to the Court of Appeal, which, if successful, would mean Victoria Plum would need to repay any sums paid to it following the recent judgement.

MD of Victorian Plumbing, Mark Radcliffe said: “Although the judge has ruled in our favour on the issue of the counterclaim, we do not agree with his decision on bidding activity. We think the impact is extremely unfair, particularly as it restrains the ability of my business to use its name.

“It should not be forgotten that we have used our name for more than 15 years, and began to use that name before our competitor began trading.”

“We have worked hard to establish our own brand, which is itself very different to any competitor. Consumers looking for one brand may use the other’s name in conversation or search behaviour, but the likelihood of confusion beyond that point is unlikely.”

“We intend to appeal the court’s decision and the judge has given us permission to bring this to the court of appeal. This action will ensure the correct decision is eventually reached.”