C-Tec (NI) v Siroflex [2025] NICh 13

In C-Tec (NI) v Siroflex [2025] NICh 13, Michael Edenborough KC and Robert McCausland BL appeared on behalf of the plaintiff instructed by McIldowies Solicitors. The case was heard in the High Court in Belfast, Northern Ireland, before Madame Justice McBride DBE.

The dispute arose in respect of advertising material produced by Siroflex when it launched its new sealant product bearing the Sign “OB1”. The promotional materials referred to the plaintiff’s Trade Mark “CT1” and stated, inter alia that “OB1 is the original CT1 formula”. The judge held that the advertising materials promoted the OB1 product as being a replica of the CT1 product and took unfair advantage of the reputation in the CT1 Trade Mark. Further, the defences relied upon under the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008 failed.

Accordingly, the Sign “OB1” was held to infringe the Trade Mark “CT1” pursuant to both s.10(1) and 10(3) of the Trade Marks Act 1994.

The case is being appealed to the Court of Appeal in Northern Ireland