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Showing posts from June, 2019

Practice and Procedure: Glass Slipper Ltd and another v Rimson Flower Productions Ltd and others

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Jane Lambert

Intellectual Property Enterprise Court (Judge Hacon) Glass Slipper Ltd and another v Rimson Flower Productions Ltd and others [2019] EWHC 1273 )IPEC) (20 May 2019)

Had it ever cleared the ground this might have been a very interesting action. The first claimant called itself Glass Slipper Limited which suggested a connection with Cinderella. English National Ballet has recently staged a beautiful production of Cinderella choreographed by Christopher Wheeldon in the Albert Hall which I reviewed in my dance blog (see Jane Lambert Cinders in the Round13 June 2019 Terpsichore).

Sadly the case had nothing to do with Cinderella though it appears to have been about the copyright in a film of a performance of Swan Lakeby the Mariinsky Ballet at its theatre in St Petersburg on 6 June 2013.  That could have been interesting too because the Mariinsky is the successor to the Russian Imperial Ballet which staged Marius Petipa's version at the Mariinsky Theatre on 15 Jan 1895. One …

Copyright in Antlers: ATB Sales Ltd v Rich Energy Ltd and Others

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Jane Lambert

Intellectual Property Enterprise Court (HH Judge Melissa Clarke) ARB Sakes Ltd v Rich Energy Ltd. and Others[2019] EWHC 1207 (IPEC) 9 May 2019

This was a copyright infringement claim. The claimant trades as Whyte's Bikes and if you visit its website you should see a very distinctive antler logo. That was designed by two of its employees, Guy Farrant and Mark Morgan. The first defendant supplies an energy drink known as Rich Energy which it promotes with a racing car.  If you visit its website right now (but probably not for much longer) you will see a not dissimilar logo. The claimant claimed that the first defendant had copied the artwork for its logo. As the first defendant had registered that logo as a trade mark, the claimant applied for it to be declared invalid on the ground that its use was liable to be prevented by the law of copyright pursuant to s.5 (4) (b) of the Trade Marks Act 1994.

The Issues
The second defendant was the sole director and shareholder of th…