NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Arnold and Phillips and Lady Justice Falk)    Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 Jan 2025) This was an appeal by Thatchers Cider Company Ltd.  ("Thatchers") against the dismissal of its claim for trade mark infringement and passing off by Her Honour Judge Melissa Clarke in  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024).  I discussed that case in Trade Marks and Passing off - Thatchers Cider Company Ltd v Aldi Stores Ltd   on 24 Jan 2024.  The appeal was heard by Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk on 17 and 18 Dec 2024. Videos of the argument are available on YouTube (1 7 Dec 2024 10:30 - 13:00 ,  14:00 - 16: 15) ( 18 Dec 2024  10:30 - 13:00  and 14:00 - 16:15 ).  Judgment was handed down on 20 Jan 2025.  Lord Justice Arnold delivered the lead judgment with which Lord Justi...

Jane Lambert Court of Appeal (Lords Justice Lewison, Moylan and Arnold) Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 Feb 2024) This was an appeal against the relief granted to Marks and Spencer Plc ("M&S") by His Honour Judge Hacon for infringement of the above-registered designs by Aldi Stores Ltd. ("Aldi") for the reasons set out in   Marks and Spencer Plc v Aldi Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 which I discussed in  Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd . on 20 Feb 2023.  Aldi appealed on 7 grounds with the permission of Judge Hacom and Lord Justice Arnold while M&S raised another in a respondent's notice.  The appeal came before Lord Justices Lewison, Moylan and Arnold on 23 Jan 2024 who handed down judgment on 27 Feb 2024.   By para [64] of his judgment in  Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178., Lord Justice Arnold dismissed the appeal.  Lord Justic...