Court of Appeal Upholds AGA Cooker Trade Mark Ruling

The Court of Appeal has dismissed an appeal by UK Innovations Group in a long-running dispute with AGA Rangemaster over the refurbishment and marketing of second-hand AGA cookers. The court confirmed that the company infringed AGA's registered trade marks by fitting its own eControl electronic systems and using marketing terms that suggested an ongoing commercial connection with the original manufacturer. It found that such use risked misleading consumers about the origin of the modifications and services, even where the cookers themselves were genuine second-hand goods. The decision clarified the limits of the exhaustion defence under the Trade Marks Act, holding that legitimate reasons existed for the trade mark owner to object to the manner of resale and promotion. The ruling reinforces that alterations combined with suggestive branding can trigger infringement findings in the secondary market for household appliances. Small-business owners dealing in refurbished or modified goods should ensure marketing avoids any implication of endorsement or affiliation with the original brand.