Anglian Windows Ltd v Anglian Roofline Ltd, Intellectual Property Enterprise Court
Anglian Windows, the home improvement business with a £200m turnover, has managed to obtain an interim injunction to stop ARL from trading under the name “Anglian Roofline”. Anglian Windows was large, advertised widely on television and had a longstanding reputation. Anglian Windows managed to rely on a registered trade mark for ANGLIAN ROOF TRIM for building materials and ANGLIAN HOME IMPROVEMENT. ARL was incorporated just in August 2014 and had no connection with East Anglia. Anglian Windows had sent a letter before action and received a phone call from ARL’s solicitors, but other than that any communication was not answered. ARL had not yet traded, but Anglian Windows had been sufficiently concerned based on its name.
In an application for an interim injunction, the Intellectual Property Enterprise Court sided with Anglian Windows. Anglian Windows clearly had an arguable case that there would be little doubt that ARL’s use of ANGLIAN could cause a misrepresentation and confusion, leading to passing off and registered trade mark infringement. The balance of convenience was with giving an injunction, as ARL may not have sufficient funds if damages were awarded, whereas Anglian Windows had a solid financial base. The balance of irreparable harm and to preserve the status quo was therefore in favour of an injunction.
In taking early action, the longstanding business managed to shut the window to keep the danger out before any real damage was done.