The UK Trade Mark team at Meissner Bolte has successfully defended Paige & Partridge Limited’s UK trade mark registration for PAIGE & PARTRIDGE in a protracted legal battle instigated by Paige LLC, a US based international brand of clothing brand predominantly known for its range of denim.
PAIGE & PARTRIDGE was founded in East Yorkshire by Sophie Paige Annall in 2021, and since its founding has designed and sold a range of stylish practical clothing for country life. In February 2021, Paige & Partridge Limited filed to register the trade mark PAIGE & PARTRIDGE under UK trade mark application no. UK00003595321. The application proceeded to registration unopposed in June 2021. At this point, we felt confident that we could take our business and products to the next level.
In October 2022 Paige LLC filed an invalidity action against the PAIGE & PARTRIDGE registration and Meissner Bolte UK was instructed to defend the registered trade mark. During the following 18 months, Meissner Bolte successfully argued that PAIGE is a relatively common given name, and as a result the consumers would not be liable to confuse Paige & Partridge’s range of sustainable clothing with Paige LLC’s range of denim. The UK Intellectual Property Office issued a first-instance decision in Paige & Partridge Limited’s favour rejecting all of Paige LLC’s objections and awarding legal costs.
Following this decision, Paige LLC elected to appeal the Intellectual Property Office’s decision stretching the legal proceedings out by a further three months. The Appeal was heard by Thomas Mitcheson KC in July this year– and copy of the FINAL decision can be seen HERE
We are pleased to announce that the UK Intellectual Property Office first instance decision was upheld on all grounds with Thomas Mitcheson KC rejecting any criticism of the original decision and awarding further legal costs in our favour.
Alexander Pickles acted as the lead Attorney in the case and also advocated on behalf of Paige & Partridge Limited in the appeal hearing. Alexander states: “that we are pleased to have stood up for Paige & Partridge in this ‘David versus Goliath’ esque story. The case law regarding the distinctiveness of first given names in trade mark disputes, particularly with regards to clothing brands is long settled in the United Kingdom and I am therefore grateful to the UK Justice System and Intellectual Property Office for maintaining its well-established legal principles and for upholding our client’s trade mark registration.