Bocacina v Boca Cafes, Intellectual Property Enterprise Court
Bocacina ran a bar, restaurant and gallery in Bristol since 2005 under the name “Bocabar”. It was sometimes known just as “Boca” and had a website, press and events at its establishment. It had also previously had a business called “Bocacina” and “Bocanova”. In 2012, the defendants started a face and bistro called “Boca Bistro Café”, about three miles away in Bristol and registered the trade mark “BOCA BISTO CAFÉ”. The business later used the name “Bica Bistro Café” instead. Bocacina was not impressed.
It successfully sued in the Intellectual Property Enterprise Court for passing off and the later business also had its registered trade mark revoked. The evidence clearly showed that the first business had significant albeit local goodwill in Bristol for Bocabar and to a lesser extent Boca. Many thousands of people would have been there. Substantial goodwill applied. Having regard to the similarity of names, the closeness of the business and similar services, there was a real likelihood of a significant number of people being confused as to their business. Therefore, the elements of passing off of goodwill, misrepresentation and damage were made out.
