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Showing posts with the label Judge Melissa Clarke

Trade Marks and Passing Off - Dryrobe Ltd v Caesr Group Ltd.

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Jane Lambert Intellectual Property Enterprise Court  (HH Judge Melissa Clarke) Dryrobe Ltd v Caesr Group Ltd    [2025] EWHC 3167 (IPEC) (4 Dec 2025) This was an action for trade mark infringement and passing off and a counterclaim for revocation or, alternatively, invalidation of the trade marks in suit. Dryrobe The claimant was a private company incorporated with limited liability under the Companies Act 2006 , in the name of  Dryrobe Limited ("Dryrobe") , with  company number 08782079.  Dryrobe makes and sells outdoor clothing products under the brand name DRYROBE.  Its most popular product is the Dryrobe Advance changing robe shown in the above photograph. The Marks Dryrobe is the registered proprietor of the following British trade marks: Number Mark Filing Date Registration Date Goods UK00003001195 DRYROBE 9 Apr 2013 19 Jul 2013 Class 25 "Changing robes" "waterproof and windproof robes" "robes, gowns and capes of towelling material" "be...

Copyright: Software Solutions Ltd v 365 Health and Wellbeing Ltd

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Jane Lambert   Intellectual Property Enterprise Court (Judge Melissa Clarke) Software Solutions Ltd and others v 365 Health and Wellbeing Ltd. and another [2021] EWHC 237 (IPEC) (9 Feb 2021) This was an action for copyright and database right infringement. The work that was alleged to have been infringed was what Her Honour Judge Melissa Clarke called "a computer application development framework" known as the "Integrated Development Environment for Applications" ("IDEA"). In other words, a tool for developing software. The first application ever to be created with the use of that tool was a mental health application called "Beating the Blues" ("BTB"). It was not disputed that copyright subsisted in the IDEA system, in each of its components and in its source code and that such copyrights belonged to the first claimant. It was also common ground that BTB reproduced the IDEA System source code materials. The claimants alleged that the d...