Société Anonyme des Bains de Mer et du Cercle des Etrangers à Monaco v Anglofile International Ltd (trading as Monte Carlo Casino Entertainment) [2013] EWPCC 38
This case concerned a wholly unsuccessful claim by a casino gaming services company for passing off and infringement of the registered marks Monte-Carlo and Casino de Monte-Carlo.
The claimant ("SBM") owned a number of registered Community trade marks and international registrations relating to casino services. The defendant, trading as Monte Carlo Casino Entertainment (using the domain name montecarlocasino.co.uk), provided casino-style entertainment for guests at events.
When considering whether there was a likelihood of confusion between the marks, Recorder Michaels held that a consumer purchasing any services offered by Anglofile would need to interact directly with them in order to discuss their requirements for their casino party, and therefore there was held to be no likelihood of confusion with SBM's mark under Article 9(1)(b) of the Community Trade Mark Regulation.
The judge rejected the notion that any trade connection would be imagined, holding that there was no reason why the average consumer would think that Anglofile's activities were licensed by SBM.
Additionally, the defendant fruitlessly counterclaimed for cancellation of SBM's registrations, on the basis that both marks contained geographical terms, and that in the latter registration, "casino" could be held to be held to be a purely descriptive word. Both SBM's claims and Anglofile's counterclaims were dismissed.
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