NIPC Law

Last Christmastide I blogged HH Judge Pelling's decision in  Bailey and another v Graham and Others [2011] EWHC 3098 (Ch) (25 Nov 2011) in "Is there any IP in Recipes? Reflections on the Reggae Reggae Case"  5 Jan 2012. I shall return to the theme this Christmastide to blog the appeal (or rather application for permission to appeal) in  Bailey and Another v Graham (aka "Levi Roots") and Others [2012] EWCA Civ 1469. This application came on before Sir Andrew Moritt, Chancellor and Lord Justices Longmore and Davis on the 16 Nov 2012. The first defendant Keith Valentine Graham is best known to the public as Levi Roots ,  He appeared on the TV programme "Dragons Den"  to promote his jerk sauce where he attracted £50,000 of investment.  Upon the insistence of his backers he incorporated the third defendant, Roots Reggae Reggae Sauce Ltd, which in turn licensed   G Costa & Co Ltd to make and distribute his sauce in accordance with his recipe, ...

Most of us will have eaten so much over Christmas that food is likely to be one of the last things on our minds. Nevertheless, I was put in mind of food yesterday by two things. First, a Linkedin connection with Aunty Bernadette George , the owner of  "Smokey Bites"  whose African and Caribbean catering service is famous throughout London and beyond. Secondly, I read Judge Pelling QC's decision in Bailey and another v Graham and Others   [2011]  EWHC 3098 (Ch) (25 Nov 2011), "the Reggae Reggae Court Case" as the Levi Roots website put it. Aunty Bernadette and Levi Roots are  both known to the legal profession though, in Aunty Bernadette's case, entirely in a good way. One of her testimonials comes from one of my instructing solicitors and her list of customers includes the Middle Temple and "De Silver Chambers" which I assume to be Argent Chambers (the chambers of Herendra de Silva QC ). The Reggae Reggae court case was decided entirely on t...