Wirex Ltd v Cryptocarbon Global Ltd & Ors
Decision date: 16 March 2021
Neutral citation: [2021] EWHC 617 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
Wirex's registered UK trade mark CRYPTOBACK was challenged by the defendants who alleged prior goodwill and bad faith; the court found the defendants' evidence of prior use unreliable and dismissed the invalidity counterclaim. The trade mark was held valid and infringed by the corporate defendants, and Mr Manuel was held personally liable as a joint tortfeasor for infringements by Global and Cryptocarbon UK but not for those by Bee-One.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
The judgment indicates that to defeat a registered neologism by a passing-off/s.5(4) claim, a claimant must prove with clear, primarily documentary evidence that the relevant public had taken the sign to denote the claimant's goods or services before the filing date; asserted prior reputation or use unsupported by credible contemporaneous evidence will fail. Personal liability of a company officer for company torts requires evidence of personal involvement sufficient to procure, induce or join in the wrongful acts.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The notes record obiter observations that use of internet archive material (Wayback Machine) may be inadmissible under CPR 63.23(2) absent exceptional circumstances, and that concurrent use of variant terms can support the conclusion that a term was not perceived as a trade name.