Argos Ltd v Argos Systems Inc: no infringement over argos.com ads
ArgosvArgos Systems
- Court
- High Court
- Judgment
- 15 February 2017
- Citation
- [2017] EWHC 231 (Ch)
Owning a domain name since before a rival's trademark existed can still beat an infringement claim years later.
Argos Ltd, the UK catalogue retailer, sued Argos Systems Inc, a software company, over adverts shown to confused UK shoppers landing on argos.com. Argos Systems won.
What happened
Argos Systems Inc, a company making computer aided design software, had registered the domain argos.com back in 1992, long before Argos Ltd's trademark registrations existed in their current form. Over time, many UK consumers looking for the UK retailer's website ended up on argos.com by mistake. Argos Systems ran Google AdSense advertisements on its home page, some of which were, ironically, adverts for Argos Ltd itself. Argos Ltd argued this amounted to trademark infringement and passing off, saying Argos Systems was unfairly profiting from traffic meant for the UK retailer and causing confusion among its customers.
What did the court decide in Argos v Argos Systems?
The High Court found that Argos Systems' website was not "targeted" at UK consumers. Using an objective test of what an average consumer would understand, the court decided the site was aimed at its customer base based outside the UK, even though UK visitors landed there by accident. The court also found that Argos Ltd had itself consented, through the terms of Google's AdWords advertising programme, to its own adverts appearing on third party sites like argos.com. On top of that, Argos Systems had used "Argos" as its own company name for decades, which the court found was in accordance with honest practices. All of the trademark infringement and passing off claims failed.
What we learned from this
- What I'd take from this is that having a longer history with a name, even just as a domain, can matter more than who shouts loudest about confusion today. Argos Systems had been using argos.com since 1992, years before the dispute arose.;If your trademark appears on a third party's website through an ad network like Google AdWords, check what you've actually agreed to in the advertising terms. You may have consented to exactly what you're complaining about.;Confused website visitors alone don't prove infringement. Courts look at whether the site itself was objectively aimed at UK consumers, not just who accidentally ends up there.
Things to be aware of
- This case turned heavily on Argos Systems having used the argos.com domain since 1992, well before the dispute. A business without that length of prior use might face a different outcome.
The businesses involved
Argos Ltd
UK retailer incorporated in England since November 1972, based in London. It runs the well known Argos catalogue retail business, still trading, and holds 284 trademarks on the UK trademark register.
- Companies House
- 01081551 Active
- Incorporated
- November 1972
- Registered office
- London
- Business activity
- Other retail sale in non-specialised stores; Retail sale of electrical household appliances in specialised stores; Retail of furniture, lighting and similar in specialised stores; Activities of call centres
- UK trademarks
- 284
Argos Systems Inc
Company providing computer aided design and building information modelling software for the construction industry, trading from argos.com since 1992. Based outside the UK.
- Note
- Registered outside the UK
What happened next
- Argos Systems Inc continues to operate argos.com, marketing its Vertex BD computer aided design software for wood and steel framed construction to the US market.Source: Argos
- Osborne Clarke published a note on the High Court decision, revisiting the case some years after the 2017 judgment.Source: Osborneclarke
What others said about it
- Addleshaw Goddard noted the case centred on Argos Systems Inc receiving increased internet traffic from UK users who meant to reach Argos Ltd's own website.Source: Addleshawgoddard, July 2019
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This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2017] EWHC 231 (Ch) on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 27 October 2026. Report an error.
