Recent Cases

TMLC & Lonsdale v Leofelis

This claim arises out of a trade mark licence, in which there is an issue as to which party was in repudiatory breach of the licence. The defendant licensee had successfully sued the claimant licensor in relation to the same licence in 2005.
In 2009 ([2009] EWHC 3285) the defendant licensee sought a stay of the proceedings, pending the resolution of ‘related proceedings’ in Italy brought by the defendant’s sub-licensee. The arguments included issues as to whether the Lugano Convention or the Regulation applied, whether the proceedings were ‘related’ and the basis upon which the Court might exercise its discretion. 
After the challenge to the UK jurisdiction was refused, the claimant sought summary judgment before Kitchin J, which was refused. The defendant was granted conditional permission given to defend [2010] EWHC 969 and [2010] EWHC 1938.