March 01, 2011
The judge in a trade mark and copyright infringement action brought by Sony Ericsson against the US business, WiMAX network, has refused to grant Sony an injunction to prevent WiMAX from using its company logos. Sony is arguing that the logos used by WiMAX are too similar to its own logos and therefore likely to damage its good will and reputation if used by the business. However, the judge has so far found that there is “insufficient evidence of likelihood of confusion and no irreparable harm” arising from WiMAX’s logos. WiMAX had originally intended to use its logos on mobile telephones, the same product as Sony. However, at present it is not doing so, making it more difficult for Sony to succeed in an action for trade mark infringement which usually requires an identical or similar trade mark to be used for identical or similar goods and services. Businesses that are concerned that they may be infringing another’s trade mark or copyright should seek the advice of a company law solicitor as the potential costs for infringement may be high and a conviction is likely to necessitate having to totally re-brand the business. On the other hand, anyone who believes their trade mark or logo is being infringed should also seek legal advice as it is a criminal offence to make unjustifiable threats of trade mark infringement.