Unilever Plc v. Andreas Kyrris

Unilever Plc

Case details

Plaintiff: Unilever Plc

Defendant: Andreas Kyrris

Case no.: O/122/02

Jurisdiction: United Kingdom

Industry: Retail

Decision date: 15 Mar, 2002

Decision

The applicant’s application in Class 42 was in respect of “Catering Services for the provision of food and drink”. The opponents opposition was based on their ownership of a number of registrations in Classes 29 and 30 in respect principally of fish products and frozen products of the marks CAPTAIN BIRDSEYE, BIRDS EYE CAPTAIN BIRDSEYE, CAPTAIN, CAPTAIN’S TABLE etc, some incorporating a device of a seafaring captain and other matter. The opponents also provided details of extensive use of their CAPTAIN BIRDSEYE and device mark, also some use of CAP’N and CAPTAIN.

Comparison of Trademarks

CAPTAIN BIRDSEYE

CAPTAIN K