NIPC Law

Royal Courts of Justice Author Aurelien Guichard   Licence CC BY-SA 2,0   Jane Lambert Court of Appeal (Lord Justice Lewison, Lady Justice Asplin and Lord Justice Arnold)  Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38 (19 Jan 2021) This was an appeal by Travel Counsellors Ltd ("TCL") against the judgment of His Honour Judge Hacon in  Trailfinders Ltd v Travel Counsellors Ltd and others   [2020] EWHC 591 (IPEC) (12 March 2020) that Andrew La Gette and David Bishop, the second and fifth defendants had both acted in breach of their contracts of employment and in breach of equitable obligations of confidence to Trailfinders Ltd and that TCL had acted in breach of an equitable obligation of confidence.  I discussed the case in  Trade Secrets - Trailfinders Ltd v Travel Counsellors Ltd. and Others   on 20 March 2021. It is not clear from the transcripts of either the appeal or the trial whether it was the trial judge or a Lord Justice w...

Jane Lambert Bhayani and Another v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC) (22 Dec 2016) In  Reckitt and Colman Products Ltd v Borden Inc, and Others ,  [1990] 1 WLR 491, [1990] RPC 341, [1990] 1 All ER 873, [1990] WLR 491, [1990] UKHL 12 discussed the elements of an action for passing off. The first of those elements was  "a goodwill or reputation attached to the goods or services which he supplies in the mind of the purchasing public by association with the identifying "get-up" (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) under which his particular goods or services are offered to the public, such that the get-up is recognised by the public as distinctive specifically of the plaintiff's goods or services." His Honour Judge Hacon considered that element in the above-mentioned case .  This was an application by Taylor Bracewell LLP for summary judgment ...