NIPC Law

Author  Loadmaster (David R. Tribble) Licence  CC BY-SA 4.0 , Source Wikimedia Jane Lambert Chancery Division (Mr Justice Fanccourt) Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and others [2020] EWHC 2424 (Ch) (10 Sept 2020) This was an action for the trade mark infringement and invalidation of the defendants registered mark and a counterclaim by the defendant for revocation of the claimant's marks for non-use. The action and counterclaim came on for trial before Mr Justice Fancourt on 14, 15 and 17 July 3020. The counterclaim was compromised in the course of the trial by the claimant's agreeing to the revocation of both their trade marks except for whiskey and bourbon whiskey.  There was also a claim for passing off but that was abandoned before the end of the trial.  In his judgment in  Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and other s [2020] EWHC 2424 (Ch) which he delivered on 10 Sept 2020, Mr Justice Fancourt h...

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 Rival Logos: Enterprise's to the left and Europcar's to the right In Enterprise Holdings, Inc v Europcar Group UK Ltd and another [2015] EWHC 17 (Ch) (13 Jan 2015) Enterprise Holdings Inc . ( "Enterprise" ) sued Europcar UK Ltd  and its French holding company ( "Europcar" ) for trade mark infringement and passing off.  Enterprise trades under the logo to the left while Europcar had begun to use the sign on the right. The litigation in England iwa part of a global struggle between the two car hire giants over those logos.  According to Mr Justice Arnold there are some 98 trade mark disputes between those parties over Europcar's new logo around the world.  The Registration Enterprise alleged infringement of 3 of its UK registered trade Marks and 7 of its Community ones. At trial Enterprise focused its case on CTM  937,4497 ( "the CTM" ) which was registered as of 14 Sept 2010 in respect of  "vehicle rental and leasing ...

In Thomas Pink Limited v Victoria's Secret UK Ltd [2014] EWHC 2631 (Ch) (31 July 2014) Mr Justice Birss had to resolve a dispute between two well known retailers. The claimant was Thomas Pink  which had started life as a specialist shirt maker in Jeremyn Street. It is now part of the LVMH Group  the interests of which range from champagne to fashion. The defendant was  Victoria's Secret UK  which is best known for its bras and knickers  particularly in the US where it began. Both retailers are diversifying their businesses.  Thomas Pink's website has a section for "Women" after "New Collection", "Men", "Shirts", "Ties" and "Accessories" while Victoria's Secret is moving into women's clothing generally. The Dispute The battle arose over the right to use the word "Pink" as a brand. According to Wikipedia  the claimant was named after Thomas Pink, an 18th-century tailor, who made the h...

Specsavers  (Specsavers International Healthcare Ltd., Specsavers BV, Specsavers Optical Group Ltd and Specsavers Optical Superstores Ltd) are a group of companies which offer glasses, contact lenses and the like at competitive prices. Specsavers' Trade Marks Specsavers have registered the following Community trade marks: (1) 1321298 and 3418928 The word mark SPECSAVERS ( "the word mark" ); (2) 449256 and 1321348 ( "the shaded logo mark" ); (3) 5608385 ( "the unshaded logo mark" ); and (4) 1358589 ( "the wordless logo mark" ) The Claim Specsavers brought an action for trade mark infringement and passing off against the supermarket chain ASDA  (Asda Stores Ltd.) for the use of the following marketing materials: (1) the ASDA Opticians' logo as used in posters: (2) the following bill board: and (3) this leaflet: ASDA's Counterclaims ...