Infringement claim against copied logo.
A case concerning the alleged infringement of PulseOn’s registered designs for the backs of wrist-worn heart rate monitors.
A claim for infringement of two patents concerning expandable garden hoses.
In annulling the decision of the Board of Appeal of EUIPO, the General Court has made it clear that in opposition proceedings, an earlier registered mark that is relied upon must still be […]
Birss J considers over-stickering in parallel imports and when the BMS criteria apply when there is no repackaging. In doing so, Birss J struck out part of the Amended Particulars of Claim of the Claimant on […]
IPEC (small claims) awards costs to the Defendant for unreasonable behaviour by the Claimants.
Significant decisions relating to damages and costs in the IPEC. The first judgment shows the Court’s willingness to draw inferences and award damages where it has found that a Defendant has, in the […]
This decision shows that it is Orders that are appealed, not the reasons for the Orders, and that the Court is open to allowing further evidence to be adduced, even after judgment, in […]
Appeal to the High Court from the IPO’s refusal to exercise the discretion to extend time for filing the defence to invalidity proceedings
Following the insolvency of ITechIT Limited, the Claimant acquired its assets, goodwill and name, including the copyright in a piece of proprietary software. The Defendant was incorporated shortly afterwards and contacted the former […]
An application to the IPEC for permission for alternative means of service in China to be deemed to be good service. The court recognised that the absence of proper service might prevent any […]
Passing off claim concerning the use of the sign ‘PRICK’ by both a tattoo artist (the senior user) and a cactus shop. Whilst the court found that at least one individual had been […]
A dispute over the ownership of the “prodigious artistic legacy” of the famous sculptor Lynn Chadwick who died in 2003. The main issue related to ownership of the copyright in the artist’s works, and whether the artist’s estate […]
An IPEC trial regarding trade mark infringement, specifically concerning the s.11(3) defence.
Design right dispute concerning the arrangement of LEDs and photodetector on the reverse of wrist-worn heart-rate monitoring devices.
Anton Piller and related orders against seller of allegedly counterfeit alloy wheels. Anton Piller granted despite 10 months’ delay.
Liability of printer for manufacture and sale and use by counterfeiter of trade marked labels. Both parties’ summary judgment/strike out applications refused.
Where copyright infringement also amounts to a contempt of court, additional damages are not available where the court makes a custodial order (decision under appeal).
The General Court annulled the decision of the Board of Appeal whereby it found that a device mark with “apo” in it and a graphical device which could be seen as the silhouette […]
An application for pre-action disclosure (PAD) in a dispute concerning copyright infringement in railway simulation programmes. The applicant sought pre-action disclosure of source code of the respondent’s software. The respondent resisted it. It […]
High Court patent matter regarding children’s water fusible beads. Infringement and validity claim.
Application for committal for non-compliance with a search and seizure order, including refusing entry and failing to hand over electronic devices until after they had been wiped. Sentenced to 14 months in prison […]
Car manufacturers’ trade marks: how far can independent garages go? Well-known car manufacturers often have an uneasy relationship with independent repairers who use genuine parts to repair their vehicles. In BMW v Technosport […]
An unusual case in which the right owner itself had copied from an earlier design. The defence was that, insofar as the design had been taken, the right holders design was not original. […]
In an application for an interim injunction to restrain the transfer or licensing of various patents, the court granted the injunction but on condition that the Claimant not only gave a cross undertaking […]
The Supreme Court held that conditional fee uplifts are recoverable for media cases. In a number of cases involving defamation, newspaper publishers appealed the judgment of the Court of Appeal that success fees […]
This judgment concerned an appeal from the Trade Mark Registry to the High Court concerning whether the mark SOULUXE was confusingly similar with the mark SOUL. The Registry had found that the two […]
This judgment, following a three week trial, concerned practices in the heavily EU regulated field of the marketing of agrochemicals. EU law governs this and requires authorisations granted by governmental bodies. UPL alleged […]
The Defendant advertised its own brand of flagpole using the Amazon listing of the Claimant (which incorporated its trade mark). The Court found that this amounted to trade mark infringement and passing off […]
Trade Marks rule ok! an EUTM trumps estoppel. Marussia v. Manor Grand Prix Racing  809 (Ch), 13 April 2016. Roger Wyand QC instructed. Read more …