NIPC Law

  Jane Lambert Court of Appeal ( Lord Justices Lewison and Arnold and Sir Nicholas Patten) Geofabrics Ltd v Fiberweb Geosynthetics Ltd (Rev 1) [2021] EWCA Civ 854 (11 June 2021) In  Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2020] EWHC 444 (Pat) (5 March 2020) which I discussed in  Patents - Geofabrics Ltd v Fiberweb Geosynthetics Ltd.   on 12 March 2020, Mr David Stone, sitting as a deputy judge of the High Court, held that Geofabrics Ltd.'s    European patent (UK) 2 430 238 for a "trackbed liner and related methods " was valid and infringed by the defendant company, Fiberwed Geosynthetics Ltd.  Fiberweb applied to the Court of Appeal for permission to appeal against Mr Stone's judgment. Lord Justice Floyd allowed Fiberweb to appeal on the grounds that (1) the deputy judge had erred in his construction of claim 1 of the Patent, and as a result, had wrongly found that  Fiberweb's Hydrotex 2.0 product ("Hydrotex") fell within the scope of the c...

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...

The New Metrocab J ane Lambert Court of Appeal (Lord Justices Kitchin and Floyd)    The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd and Another   [2017] EWCA Civ 1729 (1 Nov 2017) In  The London Taxi Corporation Ltd (t/a The London Taxi Company) v Frazer-Nash Research Ltd and Another [2016] EWHC 52 (Ch) (20 Jan 2016) Mr Justice Arnold had to decide whether the shape of a London taxi could be registered as a British or European Union trade mark and, if it could, whether such a mark could be infringed by the manufacture and sale of a taxi that looks like the vehicle in the picture above. It should be remembered that art 3 of  Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks provides that a trade mark may consist of any signs including the shape of goods providing that such signs...