B&Q Limited v Wren Kitchen Limited

Facts

B&Q Limited sued Wren Kitchens Limited for trade mark infringement under sections 10(1) and 10(3) of the Trade Marks Act 1994 over eight sets of advertisements comparing the two retailers' flat-pack kitchen prices (for example, "Wren costs less than B&Q"), said to be contrary to the Business Protection from Misleading Marketing Regulations 2008. Wren denied infringement on the basis that the comparisons were true. It counterclaimed, also for trade mark infringement, over B&Q's references to comparison tables on the Kitchen Compare Website, operated by Insight Retail Group Limited (IRG) through Mr Steve Collinge, which B&Q described as "independent" and which Wren says is not. Wren's evidence came partly from repeated enquiries at B&Q stores posing as prospective purchasers. The proceedings began on 2 March 2022 and were transferred out of the Shorter Trials Scheme on 30 May 2022. Master McQuail held two CCMCs in 2023, and both sides gave extended disclosure. A November 2024 trial date was vacated, and both parties then amended their pleadings, Wren adding new Store Price Claims and In-store Website Claims to its counterclaim. On 3 July 2026 Wren applied to vary the Disclosure Review Document. The application fell to be determined at the third CCMC, which first came on on 14 July 2026, continued on 5 August 2026 and was then adjourned. It was finally heard on 2 October 2026. B&Q had offered some further searches.