When an insulation manufacturer created a road show to demonstrate its products in comparison with those of a competitor, there was always likely to be trouble.
The comparison consisted of a series of fire tests, which were intended to demonstrate the allegedly superior fire resistance of products manufactured by Rockwool compared with those of Kingspan.
Kingspan objected to the road shows, claiming that they misrepresented its products and that Rockwool had infringed its trade marks.
In court, it was ruled that the comparisons were not ‘real-life’ comparisons and could not provide a basis for evaluating the relative fire danger of the two products in a real-life situation. They were therefore unfair. Because the comparisons were unfair, the use of Kingspan’s trade marks in the comparisons was an infringement.
The ruling of the court regarding the damages payable is awaited.
Click here for guidance on registering a trade mark.
01634 811118
Court Condemns Unfair Product Comparison
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Ask a free legal question
Complete this simple form if you
would like to ask us a
free legal question
What Our Clients Say
We would like to thank you for the superb work and attention to detail that has gone into our dispute with the council so far!
Our Architect put together a very professional document which was further enhanced and polished by your very professional input.
You are in fact unique in my personal experience of the legal profession in that you take your duty of care very seriously. It is obvious that the outcome concerns you greatly and your determination to win is much appreciated!
Thank you from us both.
Best Regards
Mr and Mrs X, Surrey