High Court Permits Trade Mark Revocation Pleadings in Entain Dispute

The High Court has refused to strike out elements of a counterclaim seeking revocation of trade marks owned by Entain group companies. The proceedings, brought by Entain Operations Limited and related entities against Liquidity Trading Limited and others, centre on allegations of trade mark infringement involving around 18 registered marks linked to betting and gaming brands. The defendants have counterclaimed for declarations of invalidity and revocation on grounds of non-use for certain older marks, with further reference to two newer marks whose five-year grace periods had not yet expired at the time of pleading. Mr Justice Cawson held that it was appropriate, for case management reasons, to allow the defendants to maintain those aspects of the counterclaim without immediate amendment, while directing that specific relief for the newer marks would require a future application. The copyright elements of the claim faced greater scrutiny on pleading adequacy. The ruling keeps the trade mark revocation issues live ahead of trial.

Small businesses should maintain clear records of trade mark use and review portfolios regularly to defend against non-use revocation actions.