Victory for Artjunkie against Alison Hendrick, IPO and the IPKAT blog
Its has been long 7 year battle but Tony Knight founder of Artjunkie has finally been victorious in proving he was the Senior Trademark Holder.
In 2009 Tony Knight opposed a trademark application of the name Artjunkie applied for by Alison Hendricks (TM UK00002512470), during the proceeding the Intellectual Property office based in Cardiff, had failed to process the case in the proper manner, which caused concern to Tony Knight and he issued a complaint about the Hearing officer David Landau and other staff who had dealing with the case.
One of the concerns that Hearing officer David Landau did not ask Tony Knight to produce original documents even though, Tony knight had provide certified copies of evidence which were presented in the evidence Rounds.
During the proceeding it came to light that certain staff at the IPO were being biased towards Mr Knight not allowing certain information into the case but allowing the applicant solicitors extra time and also allowing them late submissions. one these submissions was a so called witness statement from Tim Dabin who claimed that Mr Knight fabricated some evidence even though is could not prove this claim.
Mr David Landau Hearing office decided in Alison Hendricks favour and allowed her application to go to registration.
On Appeal of the IPO decision in the IPO appeal court Mr Geoffrey Hobbs QC clearly had issues with Mr Knight after proving Mr Hobbs QC secretary had fabricated and altered email that she claimed to have sent to Mr Knight during the appeal process.
During the appeal the Appointed Person Mr Geoffrey Hobbs would not allow Mr Knight to present the original documents and therefore Mr Knight was not given a fair Hearing.
How ever this did not stop Mr Knight from taking the Case the IPEC courts in August 2014 which allowed Mr Knight to basically start the case as fresh beginning,. the HRH Judge Hacon was the appointed person in this case.
During the Proceeding Mr Knight presented evidence that showed he was the senior Holder of the trademark and had been since 1998, 7 years prior to Mrs Alison Hendricks claim of 2005. Mrs Alison Hendricks failed to appear at any the court hearing, Mr Knight also proved that Tim Dabin had made a false Statement to the IPO and he claimed he was pressured by Alison Hendricks solicitors at the time which Mrs Bashir from Murgitroyd & Company based In Glasgow but admitted he not seen any original documents.
During the proceeding HRH Judge Hacon was concerned about cost and the fact Alison Hendricks had failed to attend any of the CMC hearing so it was discussed to save on cost and the fact Mr Knight had provided and proved he was the Senior holder of the mark Artjunkie, that Mr Knight go for a cancellation of the trademark threw IPO process.
Mr Knight applied for the Cancellation against Alison Hendricks trademark and on the 17th November 2016 it was granted.
The intellectual Property Office admitted there had been failing in there procedures of 2009 and 2011 and that Hearing Officer David Landau should never of made claims of fabrication against Mr Knight and if Mr Landau had any doubts with certain evidence he should of requested to see originals.
The IPO went on to say they had learnt lessons from this case and made appropriate changes.
Mr Knight stated he was thrilled with the outcome and has been vindicated from any wrong doing and is now seeking legal action against the IPO and IPKAT blog for slanderous Comments.
We like to say this is victory against corruption within the IPO