Boo Hoo applies for injunction over use of Miss Boo Hoo.

Case law and statute is clear and the Defendants if advised would have been advised to throw in the towel. The fact that they did not was foolhardy. The Claimant's applied for an injunction and were granted an injunction against both the Company and the director and shareholder of the Company. This would apply as they were infact one and the same. Wasabi Frog Ltd was the Claimant and they restrained Miss Boo Ltd and Gulfraz Mohammed from trading under or by reference to the marks or domain names "Miss Boo", "miss.boo.co.uk" or from using any of the marks or domain names "boohoo", "boohoo.com" and "boo", including a requirement that the website at www.missboo.co.uk was also disabled.

Wasabi owned three trade marks Community Trade Mark Number 006692065 for the word "BOO" in Class 25 registered with effect from 22 February 2008. Community Trade Mark Number 005085238 for the word "BOOHOO" in Classes 9, 14, 16, 18, 25 and 35 registered with effect from 19 May 2006. Community Trade Mark Number 006688113 for the word "BOOHOO.COM" in Classes 3, 9, 14, 16, 18, 25 and 35 registered with effect from 21 February 2008. It also owned domain names www.boohoo.com, www.boohoo.co.uk www.missboohoo.com; www.missboohoo.co.uk and www.missboohoo.eu. The Defendant's had amongst other things an online shop via www.missboo.co.uk.

The Defendant had very little chance of success and must rebrand and quickly.