Litigation Recent Decisions 06/02/96

Trade mark infringement and comparative advertising

Barclays Bank v RBS Advanta (sued A RBS Advanta) (1996).

Ch.D (Laddie J).

Summary: Inclusion of a competitor's registered trade mark in comparative advertising material no longer constitutes infringement of the mark in view of the Trade Marks Act 1994.

Plaintiff bank's claim for interlocutory relief as to alleged infringement of its registered trade marks Barclaycard and Barclay/Barclays in class 36 by the defendant's promotional literature for the defendant's credit card service. In particular in its literature the defendant refers to 'Barclaycard Visa' and drew comparison between the plaintiff's card conditions and those of the defendant's new card.