Warren J has granted an interim injunction to Wasabi Frog restraining until trial the operation of an online clothing retailer.
Wasabi Frog has traded since 2006 as an online retailer of young women’s fashion at Boo Hoo and Boohoo.com. It also has CTMs for BOO HOO, BOOHOO.COM and BOO.
missboo.co.uk started up in September 2009 as an online retailer of women’s fashion, targetting the same demographic: 17 to 25 year olds.
His Lordship found a triable issue on likelihood of confusion on the basis of a number of factors. One involved another player in the fashion industry apparently mistaking the applicant for the defendant.
Interestingly, another was the inferences to be drawn by traffic that Wasabi Frog generated after purchasing the Google Ad Words “Miss Boo”. Other aspects considered included the similarities in the respective companies’ websites and the “very very savvy” target markets of both companies.
Damages were clearly not an adequate remedy for Wasabi Frog, all the more so as the defendant was impecunious.
Wasabi Frog Ltd v Miss Boo Ltd  EWHC 2767 (Ch)
Lid dip: Peter A Clarke