NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbsell QC)  ASR Interiors Ltd v AWS Trading Ltd   [2022] EWHC 372 (IPEC) (24 Feb 2022) This was an action for the infringement of the following registered designs and a counterclaim for declarations that those registrations were invalid: Design number 6050903 for a Crushed Diamond Mirrored Sideboard; Design number  6050906  for Articles of adornment; and  Design number 6051281 for a Dining Chair. The action and counterclaim came on before Mr Recorder Campbell  QC on 13 Jan 2022.  in para [80] of his judgment in  ASR Interiors Ltd v AWS Trading Lt d,  [2022] EWHC 372 which he delivered on 24 Feb 2022, the learned recorder found for the claimant on the claim and dismissed the counterclaim. The Claim The claimant was the proprietor of the above-mentioned design registrations.  It alleged that the defendant had infringed those registrations by marketing and di...

Jane Lambert Patents Court (Mr Recorder Campbell) Bayerische Motoren Werke AG v Premier Alloy Wheels (UK) Ltd and others [2020] EWHC 2094 (Pat) (30 July 2020) This was an action by the motor manufacturer. Bayerische Motoren Werke AG  ("BMW)  for trade mark and registered Community design ("RCD") infringement, passing off and, in the case of one the defendants, Devon Thompson ("Devon"), breach of contract.  There was also a counterclaim for revocation of the RCD.  The main defendant was a company called DGT Wheels and Tyres Ltd ("DGT") the ordinary shares of which were owned by  Jerome Layzell ("JL") who was also its only director.   DGT had a warehouse on an industrial estate in Basildon as well as retail premises elsewhere in that town.   The warehouse was operated by another company called Premier Alloy Wheels (UK) Ltd ("Premier") which was owned and run by JL's stepfather, Devon. Devon was in prison when the trial took...

Jane Lambert Patents Court (Mr Recorder Campbell QC)  Shenzhen Carku Technology Co Ltd v The Noco Company [2020] EWHC 2104 (Pat) (24 July 2020) Last year, Prof Frederick Mostert and I were commissioned by the World Intellectual Property Organization ("WIPO") to report on IP enforcement measures especially anti-piracy measures in the digital environment. We presented our Study  to the Advisory Committee on Enforcement on 3 Sept 2020 and you can see our presentation as well as the rest of the day's proceedings on the recordings of the morning  and afternoon sessions. One of our findings is that rights holders are moving away from the courts to the application of voluntary measures by intermediaries. There are many reasons for that.  The cost of litigation is continuing to rise, particularly in common law countries.  Wrongdoers can keep a low profile when dealing over the internet making it difficult to identify and serve them.  It is ...

Author Anthony M. from Rome, Italy Licence  CC BY 2.0,   Source  Flickr, Wikipedia Jane Lambert Court of Appeal (Lady Justice Asplin and Lord Justice Kitchin)   The National Guild of Removers & Storers Ltd v Bee Moved Ltd and others [2018] EWCA Civ 1302 12 June 2018 This was an appeal from the decision of Mr Recorder Campbell QC in  The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off.   The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal. The claimant company was described by Lady Justice Asplin as "a trade body which represents and provides services to its members in the removal and storage business".  Storage and removal companies that pay its fees and abide by its rules can describe themselves as a "member of the NGRS."...

Author BigRiz Licence: Creative Commons Attribution-Share Alike 3,0 Unported Jane Lambert Intellectual Property Enterprise Court     Coreix Ltd v Coretx Holdings Plc and others   [ 2017] EWHC 1695 (IPEC) Mr Recorder Campbell QC This was a claim for trade mark infringement and passing off and an application for the cancellation of CORETX as a UK trade mark. The action was brought by Coreix Ltd . ( "Coreix" ) which was the registered proprietor of the word mark  COREIX . The defendants are members of a group of companies that include the word  CORETX  in their corporate names, have registered CORETX sign as a word mark and supply ICT services under that mark as well as a device mark that includes the word CORETX The Facts The third defendant was incorporated in 2004 under the name CONNEXIONS4LONDON LTD. It traded under the mark C4L in relation to telecommunication and computer services. From Nov 2013, it st...