High Court Finds GQ Mark Infringement by Events Firm

A High Court judgment has clarified the boundary between permissible reference to well-known marks and actionable infringement in the events sector. Advance Magazine Publishers, owner of the Vanity Fair and GQ brands, sued Cornucopia Entertainment after the defendant’s website offered paid access to exclusive events such as the Vanity Fair Oscars Party and GQ Men of the Year Awards. The court held that the references went beyond mere information and created the impression of a commercial link with the claimant. Although the events were invitation-only and no tickets were actually sold through the site, the judge found the presentation amounted to advertisements that suggested the defendant could source access for a fee. This led to findings of trade mark infringement under the Trade Marks Act 1994 and passing off. The decision underscores that even descriptive or referential use can cross into infringement when it misleads consumers about trade connections. Small-business owners should audit all online mentions of third-party brands to ensure they remain strictly informational.