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Showing posts with the label IPEC. Sky. Skykick

The Supreme Court's Judgment in SkyKick v Sky

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UK Supreme Court By Dietmar Rabich, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=52871829   Jane Lambert Supreme Court ( Lords Reed (President), Lloyd-Jones, Kitchin, Hamblin and Burrows)  SkyKick UK Ltd and another  v Sky Ltd and others (Rev1) [2024] UKSC 36 (13 Nov2024) This was an appeal against the judgment of the Court of Appeal in  Sky Ltd and others v Skykick, UK Ltd and another (Rev2) [2021] EWCA Civ 1121 (26 July 2021) which I discussed in The Appeal - Sky v Skykick   on 10 Sept 2021. It was heard by Lords Reed, Lloyd-Jones, Kitchin, Hamblin and Burrows on 28 and 29 June 2023. Judgment allowing the appeal in part was handed down on 13 Nov 2024 (see SkyKick UK Ltd and another v Sky Ltd and ot hers (Rev1) [2024] UKSC 36 (13 Nov 2024)).  While waiting for judgment to be delivered the parties settled their differences. The appellants applied with the respondents' agreement for leave to withdraw their appeal and the parties aske...

Trade Mark Infringement and Passing off - Natural Instinct Ltd v Natures Menu Ltd.

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Dirk Vorderstraße / CC BY (https://creativecommons.org/licenses/by/2.0) Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  Natural Instinct Ltd v Natures Menu Ltd [2020] EWHC 617 (IPEC) (20 March 2020) This was an action for trade mark infringement and passing off between two medium-sized enterprises.     Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000.  It is it an example of how an intellectual property dispute should be resolved.  Save that the Wood Green County Court's jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986. The claimant, Natural Instinct Ltd .,...