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Showing posts from April, 2019

Patent Entitlement - BDI Holding GmbH v Argent Energy Ltd. and Another

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Jane Lambert

Intellectual Property Enterprise Court (Judge Hacon) BDI Holding GmbH v Argent Energy Ltd. and another [2019] EWHC 765 (IPEC) (27 March 2019)

This was an action by BDI Holding GmbH ("BDI") for a declaration that it was entitled to a European patent for the following invention:

"There is described a biodiesel composition and process for producing biodiesel and related products. There is also described related fuels and fuel blends comprising biodiesel. The biodiesel composition is prepared from a mixture comprising fats, oils and greases from sewer waste. The composition comprises a mixture of esters of which 7-10.5 weight % is methyl octadecanoate (stearate). Specified percentages of other methyl esters are also claimed, including methyl tetradecanoate (myristate), methyl hexadecanoate (palmitate), methyl cis-9-octadecenoate (oleate) and others."

An application for a patent for that invention had been filed under application, number EP3011041 (A1) by Arg…

Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust

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Jane Lambert

Intellectual Property Enterprise Court (Her Honour Judge Melissa Clarke) APT Training and Consultancy Ltd and another v Birmingham & Solihull Mental Health NHS Trust[2019] EWHC 19 (IPEC) 9 Jan 2019

This was a very interesting case for two reasons.  First, the claim was for the infringement of the claimant's British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court ("IPEC").

The Parties
The claimants were APT Training & Consultancy Ltd. and its founder, Dr William Davies.  Dr Davies had developed a training course for tackling challenging behaviour at source as explained by the YouTube video Challenging Behaviour Training | RA…

Trade Marks and Passing off - Nomination Di Antonio E Paolo Gensini SNC v Brealey and Another

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Jane Lambert

Intellectual Property Enterprise Court (Judge Hacon) Nomination Di Antonio E Paolo Gensini SNC and another v Brealey and another (t/a JSC Jewellery) [2019] EWHC 599 (13 March 2019)

This was an action for trade mark infringement and passing off.
The Claimants The first claimants are an Italian partnership dealing in charm bracelets.   The second is an Italian company that markets those bracelets.  The judge referred to the claimants collectively as "Nomination."   The second claimant advertises the bracelets in the UK on its website at www.nomination.com. Judge Hacon, who tried the action, called one of those products as a "composable bracelet" at paragraph [7] of his judgment. and described it as follows:

"It consists of individual links, measuring about 10 x 9mm, which may be detached from each other and relinked in any order to the taste of the wearer. These include what were called 'base links', which are made of stainless steel and bear …