NIPC Law

  Jane Lambert Chancery Division  (Mr Justice Marcus Smith) L ifestyle Equities CV v The Copyrights Group Ltd and others [2021] EWHC 1212 (Ch) (10 May 2021) This was an action for trade mark infringement and passing off,   The first claimant was the registered proprietor of the following European Union and United Kingdom trade marks and the second claimant was its exclusive licensee: EU005482484   EU00908456469   EU000364257   EU000532895   EU015737653  and  UK00001259226 The claimants complained that the first, second and third defendants had used a mark which has unfortunately not been reproduced in the BAILII transcript or in any of the reports on Westlaw.  They also alleged that those defendants' use of that mark amounted to passing off. The Allegations Para 24 of the particulars of claim alleged: "From a precise date unknown to the Claimants but before the issue of the Claim Form herein and believed to have been from around the se...

Jane Lambert Chancery Division (Kelyn Bacon QC) Red Bull GmbH v Big Horn UK Ltd and other s [2020] EWHC 124 (Ch) (30 Jan 2020) This was a claim by Red Bull GmbH  against Big Horn UK Ltd. and its sole director    Lyubomir Enchev. for infringement of the following European trade marks: EU003629342 , EU000052746  and  EU001564301   Red Bull complained that the defendants had distributed a drink in Bulgaria and the UK that has been manufactured by a Polish company under the signs that appear in the right-hand column of the table in paragraph 6 of the transcript.  The action came on for trial before Kelyn Bacon QC between 15 and 17 Jan 2020. The learned deputy judge gave judgment to the claimant on 30 Jan 2020. Red Bill alleged that Big Horn and Mr Enchev had infringed its rights under art 9 (2) (b) and (c) of  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA rele...