Elizabeth Emanuel, a celebrity fashion designer who set up her own business transferred ownership of assets, including a UK application for a trade mark consisting of a heraldic device and the words Elizabeth Emanuel to another company of which she was part owner. The mark was registered. But things started to go wrong for Emanuel, the mark was transferred to another company, Frostprint where she worked just for one month. After she left, the mark was assigned to another company that applied to register a variation of the mark. She opposed the amendment and sought revocation of the original trade mark, embodying her name, on the grounds that it deceived consumers as he had no links with the company that now owned the mark.

The case was heard by the appointed person from UK Patent Office who referred to ECJ to seek clarifications whether a trade mark is likely to deceive the public and is therefore prohibited from registration when it has been transferred from the original owner. However, Elizabeth challenged the authenticity of the appointed person to refer the matter to ECJ. The European Court of Justice gave a decision that " a trade mark corresponding to the name of the designer and first manufacturer of the goods, may not be refused on the grounds that it would deceive the public, in particular where the goodwill associated with that trade mark." The court also ruled that the so-called appointed person from UP Patent Office, appointed by Lord Chancellor must be regarded as a court or tribunal under Article 234 EC and therefore his authenticity cannot be challenged.

However, the case is left to the national court to decide whether in this presentation of mark, there is any intention on the part of the company which lodged the application to register variation of that mark to make the consumer believe that Ms. Emanuel is still the designer of the goods bearing the mark or that she is involved in their design.

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