Jockey International Inc v Darren Wilkinson

This decision concerns an opposition by Jockey International Inc. (the Opponent) to the registration of the trade mark application No. 1127359, "THROTTLE JOCKEY," filed by Darren Wilkinson (the Applicant). The matter was heard by John Spence, a Hearing Officer for Trade Marks and Designs Hearings & Oppositions.

The Opponent raised two grounds for opposition: bad faith under Section 62A of the relevant legislation and a ground under Section 60. The court was required to determine whether the Applicant had acted in bad faith in adopting the "THROTTLE JOCKEY" mark and whether the Section 60 ground of opposition was established.

The Hearing Officer found that there was no evidence to suggest that the Applicant had sought to copy the "JOCKEY" trade mark or had acted deliberately in doing so. Consequently, the Opponent had not satisfied the onus of establishing bad faith under Section 62A. However, the Hearing Officer found that the Opponent had established its opposition on the ground under Section 60.

Accordingly, the opposition succeeded, and the registration of the trade mark application "THROTTLE JOCKEY" was refused. The Applicant was ordered to pay the Opponent's costs in accordance with Schedule 8 of the Trade Mark Regulations.