NIPC Law

Horse's Eye Author  Waugsberg   Licence   CC BY-SA 3.0   Sourc e  Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) E quisafety Ltd v Battle, Hayward and Bower Ltd     2023] EWHC 1821 (IPEC) (21 July 2023) and  Equisafety Ltd v Battle, Hayward and Bower Ltd and another [2024] EWHC 283 (IPEC) (15 Feb 2024) I n  Practice - Lufthansa Technik AG v Panasonic Avionics Corporation  on 10 Nov 2023 I said that proceedings in the Chancery Division take place in two stages. First, there is a trial to determine whether the defendant is liable to the claimant, If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages. An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant. An inquiry as to damages is a determ...

           Jane Lambert Chancery Division ( Mr David Stone) Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021) This was an action for infringement of unregistered design right and unregistered Community designs  and passing off .  The designs in question were of women's garments in the bodycon and bandage styles. The action came on for trial before Mr David Stone on various dates between 30 Nov and 21 Dec 2020. In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) which he handed down on 24 Feb 2021 he found that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs but they had not passed off their business as or for the claimants', Following his judgment, there were further hearings on the terms of the minute of order, whether garments in different colourways infringed...