The judge in the case of Advantage Group versus Advantage Computers, Judge Chambers, has granted a stay of execution pending an appeal of his ruling by Advantage Group.
Advantage Group was ordered to stop trading using the name Advantage in areas related to two trademarks held by Advantage Computers. Advantage Group is appealing that decision, and the judge has agreed that until the appeal court hearing the injunction should be stayed.
However the judge says the appeals court should be ready to hear the judgement by early September and so has ordered the stay be reviewed should Advantage Group fail to "accept a fixture in either the week commencing 26 August or the week commencing 9 September". This is to avoid any problems arising from an extended appeals process.
The judge also repeated his order that Advantage Computers can apply for either damages or "an account of profits".
"Granting a stay does not mean that I am giving carte blanche to the defendants to infringe Advantage Computers’ trademarks. If the defendants continue to infringe, they do so at their peril and they can expect to be hit in the pocket for any financial damage caused to Advantage Computers by their infringements," writes the judge in his ruling.
The appeal is based on the judge's interpretation of two sections of the Trade Marks Act and the judge writes that he is convinced the appeal is not being driven by Advantage Group dragging the chain on implementing his orders.
"This is not a case where a losing party is trying to buy time by filing an appeal which it does not legitimately intend to prosecute." Two previous rulings in similar cases have adopted different approaches to the Trade Marks Act and the judge says this "emphasises the importance of a Court of Appeal determination".
The appeal hearing is likely to be heard on September 9.