NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) easyGroup Ltd v Jaybank Leisure Ltd [2025] EWHC 3077 (IPEC) (21 Nov 2025) This was a claim for trade mark infringement.   easyGroup was the registered proprietor  of UK trade mark UK00002349891 , an image of which appears above. The mark was registered for goods and services in several classes, including "[r]ental and hire of… motorised vehicles, non-motorised vehicles… and means of transport; advisory and information services relating to the aforesaid services; information services relating to transportation services, including information services provided on-line from a computer database or the Internet." easyGroup Ltd ("easyGroup") complained that Jaybank Leisure Ltd ("Jaybank") had infringed its trade mark by supplying vehicle rental and sales services under the EASIHIRE sign. Jaybank denied infringement and alleged non-use of the mark by easyGroup.  The action came on for trial ...

Jane Lambert Chancery Division (Mr Justice Measd) Societe des Produits Nestle SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch) (5 July 2022) This was an appeal from Louise White's decision in The Colour Purple, Société des Produits Nestlé  SA v Cadbury UK Ltd, BL O/198/19 of 12 April 2019. The hearing officer had heard oppositions by Société des Produits Nestlé ("Nestlé") to the following trade mark applications by Cadbury UK Ltd. ("Cadbury"): Application No 3 019 362 Application No 3 019 361 , and  Application No 3 025 822 . She found for the opponent in respect of application numbers3025822 and 3019361 but not application number 3019362. Cadbury appealed against her decision on 025822 and 3019361. Before the appeal could be heard. Cadbury settled its differences with Nestlé.  The Registrar of Trade Marks considered that the appeal gave rise to important issues where the law was uncertain and sought to intervene in the proceedings.  Permission to do son was granted...

           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...

Jane Lambert High Court of Justice, Business and Property Courts of England and Wales, Intellectual Property List, Chancery Division (Lord Justice Arnold)    Glaxo Wellcome UK Ltd and Another  v Sandoz Ltd and Others [2019] EWHC 2545 (Ch) (4 Oct 2019) This was an action for passing off . The claimants alleged that the defendants were passing off their dry powder inhalers ("DPI") as and for the claimants' by presenting and packaging them in purple. The action came on for trial before Lord Justice Arnold in July 2019. His lordship dismissed the claim in his judgment of 4 Oct 2019. The Claimants The claimants, Glaxo Welcome UK Ltd. and Glaxo Group Ltd. have marketed a combination of salmeterol and fluticasone for the treatment of asthma and chronic obstructive pulmonary disease ("COPD") under the trade mark Seretide in a proprietary DPI branded Accuhaler since 1999 and in a metered dose inhaler ("MDI") branded Evohaler si...

"The Color Purple" is a novel by Alice Walker  which won its author the Pulitzer Prize for Fiction  in 1983. if you have not read the book here is Wikipedia's summary of the plot .  It is a great book with a great story. The colour purple (or rather pantone 2685C) is only slightly less gripping. It is the subject of a tussle between two of the world's largest confectionery companies the latest stage of which has just ended in the Court of Appeal (   Société Des Produits Nestlé S.A. v Cadbury UK Ltd .  [2013] EWCA Civ 1174 (4 Oct 2013)). It started on 15 Oct 2004 when Cadbury Limited ( “Cadbury” ) applied to register "the colour purple (Pantone 2685C), as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods" as a trade mark for the following goods: " Class 30 : Chocolate in bar and tablet form, chocolate confect...