Extreme Adventure Ltd is pleased to announce that the English High Court has found in EA’s favour in its trade mark, design and copyright dispute against Mr Christopher Dolan, Swift Run Events Ltd and Swift Medals Ltd (Swift).
Since 2015 Extreme Adventure has developed, promoted and run bubble-themed mass participation events across the UK under the BUBBLE RUSH® brand in partnership with hospices. The events have helped to raise millions of pounds for our charity partners. Extreme Adventure’s reputation for high quality, fun events is embodied in this brand and the BUBBLE RUSH® brand protects our charity partners and the public from unauthorised imitation.
Towards the end of 2016, we became aware that a third party, Mr Christopher Dolan, then trading as Swift Run Events Ltd, was promoting bubble-themed events using materials which we considered to include BUBBLE RUSH® branding and branding confusingly similar to it and other promotional material of Extreme Adventure. This use led to many examples of charities and the public believing that we were connected with, or endorsed, Swift’s events.
Extreme Adventure sought to resolve this matter amicably with Mr Dolan during the first half of 2017, but he continued to ignore all attempts to resolve the matter. Swift proceeded to hold a number of ‘Bubble 5k’ events in the summer of 2017, blatantly using elements of BUBBLE RUSH® branding – including copies of our inflatable coloured bubble stations. The events gave rise to many instances of confusion, in particular through negative feedback on social media.
All our attempts to resolve this situation failed and, reluctantly, Extreme Adventure had no option but to commence legal proceedings against Mr Dolan/Swift for trade mark, copyright and design infringement in the Intellectual Property Enterprise Court (a specialist court within the UK High Court).
In June 2018, the Judge found in favour of Extreme Adventure and ordered Mr Dolan to immediately cease using marks which infringe our registered and unregistered trade marks, design and copyright, to deliver to us the infringing inflatable bubble stations and to pay nearly £13,000 of our legal costs. Mr Dolan then attempted to overturn the judgment. We are delighted to inform you that on 2 October 2018, he was unsuccessful in this attempt. The (slightly amended) Court Order remains in place including orders that Mr Dolan/Swift may not use Extreme Adventure’s trade marks or anything confusingly similar, and the order to pay nearly £13,000 in costs.
The Court’s Order is important to us as it not only protects Extreme Adventure’s intellectual property but helps us to protect our event partners and the attending public from being misled to believe that inferior events are genuine BUBBLE RUSH® events. Copies of the Court Order are available on request from our office.
Extreme Adventure Limited
3rd October, 2018