What’s my name?

Bratin Roy of Bristows discusses the implications for own-name defence in a recent appeal of a case between two hotel and restaurant groups

In Hotel Cipriani SRL and others v Cipriani (Grosvenor Street) Ltd and others [2010] EWCA Civ 110, the Court of Appeal upheld the High Court’s decision that the defendants had infringed the claimants’ trademark and were also liable for passing off. In so doing, the Court of Appeal highlighted the limits of the own-name defence to trademark infringement.