NARROWING OF THE “OWN NAME” DEFENCE Hotel Cipriani SRL v Cipriani (Grosvenor Street) Limited  EWHC 3032 (Ch);  EWCA Civ 110;  EWHC 70 (Ch)
Keywords:“own name” defence
In Hotel Cipriani SRL v Cipriani (Grosvenor Street) Limited ( EWHC 3032 (Ch)) the High Court granted an injunction prohibiting the use of the name “Cipriani” for a restaurant in London. This decision was later upheld by the Court of Appeal ( EWCA Civ 110). The parties then returned to Court to address claims for breach of that injunction ( EWHC 70 (Ch)). This judgment is important as it provides South African courts with valuable insight as to the interpretation of the “own name” defence.
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