WTM claimed that Satguru’s use of “Travelwings”
infringed its WINGS trade marks and amounted to passing off. The Court disagreed, clipping their "wings" on all claims.
For the case headnote crowd, we’ve unpacked the full
legal breakdown here on the Adams & Adams website.
But for the real takeaways, stick with us.
You Don’t Own the
Dictionary
WTM wanted to treat
“WINGS” like proprietary turf. The Court wasn’t having it.
Yes, WTM has registered
marks. But “wings” is a common term used by travel agents, airlines, even
chicken eateries. Unless it’s distinctive and used in the right way and
in the right class, you don’t get exclusive airspace.
TRAVELWINGS ≠ WINGS
WTM’s argument hinged on
TRAVELWINGS being "too close" to WINGS. The Court didn’t agree.
“Travel” isn’t just fluff,
it changes the meaning and perception. When you look at the marks holistically
(as the law requires), they’re different: in sound, in concept, in look.
Context Is Everything
This wasn’t a peanut
butter trade mark case. It’s about digital consumers buying travel services.
These are people who:
- are literate,
- use online tools,
- compare options.
They’re not confused by
TRAVELWINGS i.e. they know what they’re clicking.
No Reputation? No Passing
Off.
To prove passing off, you
need to show that:
- you have a reputation; and
- someone is misappropriating it.
WTM didn’t show that it,
as opposed to a group company, actually owned the relevant goodwill. That gap
was fatal. No misrepresentation, no confusion, no damage.
The Bigger Picture
This ruling is a warning
for rights holders everywhere: don’t overreach and ensure your goodwill is in the right place.
Registering a trade mark
doesn’t mean you can chase down everything that vaguely resembles it. If your
brand is built on common words, your enforcement strategy needs:
- nuance,
- strong factual evidence, and
- clear proof of consumer confusion.
Otherwise, your claim
won’t fly. From a governance perspective, the need for a well thought out intra-group licensing strategy is very important. Click here for the court decision.
by: Darren Olivier, Maureen Kiugu (nee Makoko), Alisha Muller
The authors represented Satguru
Travels (Travelwings) in this matter. At the time of writing, it’s not known
whether Wings Travel Management intends to appeal.
