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Jensen v Healey

Written by Michael Coyle on 31 January 2014

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Healey Sports Cars Switzerland Ltd v Jensen Cars Ltd [2014] EWHC 24 (Pat)

Healey and Jensen, once great manufacturers of iconic British sports cars are now battling for the Trade mark name “Jensen” in relation to motor cars, parts and accessories.

In the first decision, The Court concluded that the five trade marks in relation to this matter were revoked for non-use. In reaching the decision of revocation by non use, the court was shown details of an upcoming Healey sports car using their Jensen trademark. However the court dismissed this evidence of use due to the requirement that it was a prototype and as such had not been formally marketed or about to be marketed. Healey however were not in the position to market this car any time soon. As a result the court had no other choice but to revoke the trademarks on the grounds of no- use.

Healey appealed this decision on the grounds of an error of law. The Deputy Judge dismissed this claim as it was, in his opinion that there was no error. This was backed by the statement that in the pictures of the prototype car there seemed to be no use of the Jensen trademark. This reaffirmed the original decision that there had not been use to their trademark to be able to keep it.

In the second decision, The Court stated that the trademark opposition filed by Jensen had succeeded in part to invalidate Healey’s trademark and the Healey had failed in its opposition to Jensen’s trademark.

It now begs the question, who owns the rights to Jensen Sports Cars?

Watch this space!

MJC

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