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Journal of Intellectual Property Law & Practice Advance Access published online on November 17, 2008
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpn216
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© The Author (2008). Published by Oxford University Press. All rights reserved.

Current Intelligence

Mixing it up: food mixers, design marks, and when similarity becomes confusion

Steven James
Pinsent Masons LLP, London

Whirlpool Corporation, Whirlpool Properties Inc and Kitchenaid Europa Inc v Kenwood Limited [2008] EWHC 1930 (Ch), 4 August 2008

While the High Court accepted that there was some similarity between Kenwood's new kMix mixer and the KitchenAid Artisan food mixer (the ‘Artisan mixer’) manufactured and distributed by Whirlpool, it rejected Whirlpool's claims for trade mark infringement and passing off because such similarity was insufficient to cause confusion in the mind of the average design conscious consumer, or to cause detriment to the distinctive character or repute of Whirlpool's mark.

Correspondence: Email: steven.james{at}pinsentmasons.com


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