Court of Appeal Allows Appeal in Threats Case—Trap for the Unwary: Best Buy Co Inc v Worldwide Sales Corp Espaha SL

摘要

The claimants, Best Buy Inc and its UK subsidiary (together, Best Buy) had developed plans to open a series of consumer electronic shops in the United Kingdom and in other EU countries under the "Best Buy" name, which the first appellant has used extensively in the United States. The defendant, a Spanish corporation, Worldwide Sales Corp Espafla SL, owned a number of national registered trade marks and figurative CTMs including the words "Best Buy" in combination with devices and other matter. A subsidiary of Best Buy Inc, Best Buy Enterprise Services Inc (BBES), applied for a CTM incorporating the words "Best Buy". The defendant opposed this application on the basis of two of its existing CTMs, each of which combined the words "Best Buy" with other wording and a logo including five stars. OHIM procedures include a mandatory "cooling-off period" during which parties are encouraged to discuss settlement and it was during this period that the relevant correspondence in this matter was exchanged.