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Showing posts from August, 2025

Patents: Battlekart Europe SA v Chaos Karts 1 Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Battlekart Europe SA v Chaos Karts 1 Ltd and others [2025] EWHC 1936 (IPEC) (25 July 2025) This was an action by Battlekart Europe SA ("Battlekart") against Little Lion Entertainment Ltd ("Little Lion"), its subsidiaries, Chaos Karts Limited and The Ents Inc Limited and their director, Thomas Maguire for the infringement of European patent (UK) 3 304 522 B8  and a counterclaim by the defendants for revocation of the patent on grounds of obviousness , implausibility and added matter.   The action and counterclaim were tried by HH Judge Hacon between 17 and 19 June 2025.  By para [136] o f his judgment in Battlekart Europe SA v Chaos Karts 1 Ltd and others [2025] EWHC 1936 (IPEC), which he handed down on 25 July 2025, the learned judge held that the patent was invalid for lack of an inventive step and added matter. The Patent EP3304522 B8 had been granted for a system for creating an imm...

Copyright and Passing off - Martin and Another v Bodegas San Huberto and Others

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Aerial View of the AFG Museum in Buffalo, New York Author BuffaloAKG14222   Licence CC BY-SA 4.0   Source Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Mr David Stone sitting as a deputy judge of the High Court) Martin and Another v Bodegas San Huberto SA and others [2025] EWHC 1827 24 July 2025 This was a claim for copyright infringement and passing off. The work in which copyright was claimed was a black and white line wall drawing by the first claimant, Shantell Martin MBE which filled one end of the sculpture court of the Buffalo AKG Art Museum .  The transcript of Mr David Stone's judgment in this case refers to the "SKG Museum" in two places in the second paragraph.  That appears to be an error because there is an AKG Museum in Buffalo, New York named after its benefactors John J. Albright ,  Seymour H. Knox II , and Jeffrey Gundlach , but the only museums that showed up on a Google search of "SKG Museum" were in Thessaloniki...

Branding - Courtenay-Smith v The Notting Hill Shopping Bag Company Limited

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Portobello Road, Notting Hill By Papertree at English Wikipedia - Originally from en. Wikipedia; description page is/was here. Original uploader was Papertree at en. wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=3073800   Jane Lambert Intellectual Property Enterprise Court (Master Kaye sitting as a Deputy High Court Judge) C ourtenay-Smith and another v The Notting Hill Shopping Bag Company Limited and others    [2025] EWHC 1793 (IPEC) (18 July 2025) This was a claim for copyright and trade mark infringement and passing off and a counterclaim for revocation and invalidation of the second claimant's trade mark.  The action and counterclaim came on for trial before Master Kaye  sitting as a deputy judge of the High Court on 7 and 8 April 2025.   The learned master handed down her judgment in  C ourtenay-Smith and another v The Notting Hill Shopping Bag Company Limited and others    [2025] EWHC 1793 on 18 July 202...