0370 270 6000

Kingspan v Rockwool - Use caution when playing with fire!

11 March 2011

The High Court recently ruled that a series of advertisements were misleading and infringed the Claimant’s trade marks.

The Defendant, Rockwool, manufactures insulation panels used in construction. They carried out an advertising campaign, comparing their product with that of their competitor, Kingspan, using fire tests to demonstrate the combustibility of the goods. Kingspan argued that the claims made about their product were false and misleading.

Kitchen J held that Rockwool infringed Kingspan’s trademarks under Article 5(1)(a) and (2) of the Trade Mark Directive and Article 9(1)(a) and (c) of the CTM Regulation, by taking unfair advantage of their trade mark and discrediting it, and that , Rockwool had not met the condition, under the Comparative Advertising Directive, of objectively comparing the products. Another claim for malicious falsehood was dismissed.

The decision should serve as a warning to businesses to take greater caution in ruthless advertising campaigns involving competitor’s products!

Related opinions

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Declan Cushley

Declan Cushley

Partner and Head of IP and Commercial Group

View profile

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up