Henry Martinez t/a Prick v Prick Me Baby One More Time
In Henry Martinez t/a Prick & Another v Prick Me Baby One More Time Ltd & Another, the Intellectual Property Enterprise Court of England & Wales (IPEC) has held that that the latter did not pass itself off as the former.
Mr Martinez, known by the name Henry Hate, is a tattoo artist of some repute. He has operated a tattoo and piercing parlour in Shoreditch, London since 2001.
Prick Me Baby One More Time Ltd is a cacti retailer located nearby in Dalston, London.
The court concluded that Mr Martinez had goodwill in the relevant area of London, which included the location of Prick Me Baby One More Time Ltd’s shop. However, it held that, in the absence of material evidence of deception or confusion, there was no material misrepresentation that the goods and services offered by Prick Me Baby One More Time Ltd were those of Mr Martinez or were authorised by him.
The case demonstrates that, while localised goodwill can exist, evidence of deception or confusion is imperative for passing off cases.
