It was common ground that the Claimants had become aware of the VAGISAN products being sold in the UK in January 2014. However, Dr Wolff argued that, since the Claimants did not bring infringement proceedings until 2019, over five years later, they had acquiesced in its use of the VAGISAN mark, and therefore could not oppose that use under section 48(1) of the Trade Marks Act 1994 which provides a defence of statutory acquiescence in such circumstances.

Many women choose to buy Vagisan Moisturising Cream 50g because of its easy to buy process without the need for any embarrassing conversations, along with its list of added benefits. Dr. Wolff’s Vagisan Moisturising Cream is available over the counter and performs a dual-purpose role, bringing much-needed moisture and soothing lipids (fats) to the skin in the vagina and the external genital area. It is used to alleviate symptoms like burning, itching and pain caused by vaginal dryness, and it can also help prevent pain during sex. As it’s hormone-free, it can be used alongside hormone replacement therapy. Vaginal dryness can cause great pain and discomfort in an area of sensitive skin, so you need to ensure you are doing what you can to eliminate this issue. The symptoms of vaginal dryness include a dry sensation, itching, soreness/irritation, burning, and pain in the vaginal area both during sexual activity and when not engaging in sexual activity. Vaginal dryness can be caused by things such as menopause, taking the pill, surgery to the uterus or ovaries, and even stress, just to name a few. This pain and discomfort can affect day-to-day life but treating the issue could be easy with the use of products such as Vagisan Moisturising Cream.The high water content alongside the nourishing lipids (fats) keeps your skin supple and moisturised. Regular use of this product can help prevent irritation and inflammation within the vagina and external genital area. The Court of Appeal largely dismissed Dr Wolff's appeal, confirming both VAGISAN and DR WOLFF's VAGISAN infringed the VAGISIL marks. Whilst, as explained below, the Court of Appeal disagreed with the High Court's approach to interruption of the statutory acquiescence period, the Court of Appeal still upheld the infringement ruling because the Claimants were unaware of Dr Wolff's use of VAGISAN for a long period during 2015 and 2016 despite keeping a watch for such use.

For further instruction on how to apply the cream using the applicator refer to your product leaflet which comes in the box. This will contain in depth instructions and a diagram, ensuring it is made clear to you the proper way to insert the cream. It is recommended that you read the product leaflet before use. Dr Wolff’s Vagisan MoistCream must not be used in cases of known hypersensitivity or allergy to any of the ingredients. The cream must not be used immediately after childbirth. Similarly, do not use Dr Wolff’s Vagisan MoistCream if you have a vaginal infection (e.g. thrush); in this event, you should talk to your doctor. The UK High Court recently handed down its judgment in Combe International v Dr August Wolff, finding that the Vagisan sign infringed the earlier Vagisil trade mark in relation to feminine healthcare products.The High Court rejected Dr Wolff's reliance on this defence on the grounds that there had been no acquiescence by the Claimants in the use of the VAGISAN mark in the UK, and therefore VAGISAN was not a trade mark which would not be declared invalid. On appeal, the Court of Appeal allowed Dr Wolff to rely on an earlier version of this defence which applied prior to 14 January 2019. In light of this, Vagisan was held to be similar to Vagisil and that similarity suggested that the products came from the same or a commercially linked origin. The fact that Dr Wolff is not a well-known brand in the UK emphasised this finding. Brand owners looking to expand into the UK market should be aware of this finding. A prefix can have trade mark significance if it is not perceived as descriptive or a signposting term. Many people ask us How Do You Use Vagisan Moist Cream? When buying any product its important questions like this that should be asked so that you know exactly how to use a product.