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...

Suds on the New River between the USA and Mexico Author Calexico New River Community Licence Copyright waived   Jane Lambert The letters "SUD" stand for supplementary unregistered design. It is a new intellectual property right which came into being at 23:00 on 31 Dec 2020 in accordance with art 57 of the agreement for the United Kingdom's withdrawal from the European Union ("the withdrawal agreement").  Introduction SUD replaces unregistered Community designs which ceased to apply to the UK at the end of the implementation period on 31 Dec 2020.  Art 57 provides: "The holder of a right in relation to an unregistered Community design which arose before the end of the transition period in accordance with Regulation (EC) No 6/2002 shall in relation to that unregistered Community design ipso iure become the holder of an enforceable intellectual property right in the United Kingdom, under the law of the United Kingdom, that affords the same level of protection...