NARROWING OF THE “OWN NAME” DEFENCE Hotel Cipriani SRL v Cipriani (Grosvenor Street) Limited [2008] EWHC 3032 (Ch); [2010] EWCA Civ 110; [2013] EWHC 70 (Ch)

Abstract

In Hotel Cipriani SRL v Cipriani (Grosvenor Street) Limited ([2008] 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 ([2010] EWCA Civ 110). The parties then returned to Court to address claims for breach of that injunction ([2013] 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.