High Court or Trade Marks Registry?

Jules Rimet Cup Ltd v Football Association Ltd [2006] ChD 11 August

The claimant had applied to the Trade Marks Registry to register WORLD CUP WILLY, the mascot or sign of the 1966 World Cup. The claimant entered into a licensing agreement for the use of its version of WORLD CUP WILLY with a television broadcasting company and asserted that thereafter the FA induced the broadcasting company to breach the licensing agreement by threatening to sue it. The FA issued passing-off proceedings in the High Court against the claimant who applied to stay those proceedings on the basis that the Trade Marks Registry was the appropriate forum for determination of all the proceedings.