NIPC Law

  Jane Lambert Court of Appeal (Sir Colin Birss, Chancellor, Lord Justice Stephen Phillips and Lady Justice Falk) Shorts International Ltd v Google LLC [2026] EWCA Civ 668 (25 May 2026) This was an appeal by Shorts International Ltd. ("Shorts") against the order of Michael Tappin KC sitting as a deputy judge of the High Court following his judgment in  Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 Oct 2024).  There was also a cross-appeal by Google LLC ("Google").  The appeal and cross-appeal came before the Chancellor, Sir Colin Birss, Lord Justice Stephen Phillips and Lady Justice Falk on 10 and 11 March 2026.  They handed down their judgment in Shorts International Ltd v Google LLC [2026] EWCA Civ 668 on 25 May 2026. the late Spring Bank Holiday.   The Marks Shorts is the registered proprietor of the following marks for goods and services in classes 9, 38, and 41: It also registered the word SHORTSTV as a trade mark for goods a...

Royal Courts of Justice Author Anthony M Licence Creative Commons Attribution 2.0 generic Source Wikimedia Jane Lambert Court of Appeal (Lord Kitchin, Lord Justice Floyd and Sir Colin Rimer) Argos Ltd. v Argos Systems Inc.   [2018] EWCA Civ 2211 (9 Oct 208) "Can a US corporation selling construction software only in the Americas under the name ARGOS be sued for infringement of a registered trade mark by a UK based consumer goods retailer who trades mainly in the UK and Ireland under the same name?" asked Lord Justice Floyd at paragraph [1] of the Court of Appeal's judgment in  Argos Ltd v Argos Systems Inc [2018] EWCA Civ 2211 (09 October 2018).  His lordship added: "That the question even arises for serious consideration is a consequence of the developments in the European law of trade marks and of the revolution in commerce and advertising brought about by the internet." The Parties The "UK based consumer goods retailer...

Jane Lambert On 12 June 2014  La Commission Nationale de l'Informatique et des Libertés (CNIL) . the French data protection authority, issued a notice requiring Google to apply de-listing from all platforms of its search engine such as Google Sierra Leone and Google Mongolia  and not just those like Google UK , Google  France and Google Deutschland that are marketed to residents of EU member states. In his post  Implementing a European, not global, right to be forgotten  30 July 2915 Google's privacy counsel Peter Flecischer stated that Google had refused to implement that notice and had asked the CNIL to withdraw it. It is possible that the CNIL will change its mind and do so but it is more likely that it won't.  In that case the President of the Commission could nominate a Rapporteur and ask him or her to draft a report recommending sanctions to be imposed on Google for such non-compliance. Google could of course...

Jane Lambert In Cosmetic Warriors Ltd and Another v amazon.co.uk Ltd and Another [2014] EWHC 181 Mr John Baldwin QC, sitting as a judge of the High Court, had to decide whether causing advertising  to appear on an an Internet user's screen for products that competed with those of the claimants whenever  the user entered the claimants' trade mark into a search box amounted to an infringement of the claimants' mark. The Parties The claimants ( "Lush" ) manufacture and supply cosmetics under the Lush brand. They are well known for their colourful soaps and bath bombs.   The first named claimant is the registered proprietor, and the second its licensee, of Community trade mark number 01388313  ( "the CTM" ) under which the word LUSH is registered for "Perfumes; bath preparations; non-medicated toilet preparations; cosmetic preparations; lotions, powders and creams all for use on the skin; dentifrices; depilatory preparations; de...