NIPC Law

  Jane Lambert Chancery Division (Mr David Stone) Original Beauty Technology Co. Ltd and others v G4K Fashion Ltd and others [2021] EWHC 3439 (Ch) (20 Dec2021) In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021), Mr David Stone, sitting as a deputy judge of the High Court, held that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs by selling  bodycon and bandage  clothing that reproduced those designs but that they had not passed off their business as or for the claimants'. I discussed that judgment in Designs - Original Beauty Technology v G4K Fashion   on 25 June 2021. Pecuniary Remedies A party whose  intellectual property rights  are found to have been infringed is entitled to damages (compensation for the losses that it has suffered), or surrender of the profits that the infringer has gained, from the infringement but ...

Jane Lambert High Court, Chancery Division,  Technomed Ltd and Another v Bluecrest Health Screening Ltd and Another    [2017] EWHC 2142 (Ch) (24 Aug 2017)  Coram David Stone  sitting as a judge of the High Court This was an action for infringement of database right and copyright in an electrocardiogram ("ECG") analysis and reporting system known as ECG Cloud. The System The claimants, Technomed Ltd. and Technomed Telemedicine Ltd. , had developed the system. The companies supply ECG equipment and use the ECG Cloud to analyse ECG readings and report the results to doctors or health screening companies such as the first defendant Bluecrest Health Screening Ltd . ( "Bluecrest" ). Mr Stone, who tried the action, described the operation of the system as follows at para [26] of his judgment: "the process of using ECG Cloud starts with a mobile ECG machine which takes a reading from a patient. The patient data are then...