Supreme Court Holds that Post-Sale Confusion can lead to infringement
The Supreme Court today handed down its judgment in Iconix v Dream Pairs, holding that the relevant public’s perception of a sign in realistic post-sale scenarios may give rise to infringement, even if there would not be infringement at the point of sale. Nevertheless, it held that the Court of Appeal was not justified in overturning the first instance judge’s conclusions that there was no infringement. Simon Malynicz KC and Tom St Quintin of Hogarth Chambers appeared for Iconix.
