Well heeled win for Axiom

29 July 2011

Schuh Limited -v- Shhh... Limited

Schuh, a popular High Street retailer sought interim interdict to prevent the defender from trading under the marks "Shhh..." and "Shhh-ooohs". Schuh argued that these marks infringed its trademark and amounted to passing off. Shhh... Limited only sells top-end designer shoes retailing for between £140 - £1,400. Shhh...'s retailing strategy involves selling on the internet to existing registered customers and by appointment only in exclusive shops. Shhh... argued that the marks were not even colourably similar (in terms of appearance, sound and concept) and that, standing the very different target markets and methods of sale, there could be no confusion in the minds of reasonably well informed customers or harm to the Schuh brand. Lord Glennie considered, in detail, the applicable tests under ss10(2) and (3) of the Trademarks Act and ruled for Shhh... Interim interdicts were refused.

Gavin Walker, advocate of Axiom represented Shhh.... Limited.

http://www.scotcourts.gov.uk/opinions/2011CSOH123.html