NIPC Law

                        Jane Lambert Intellectual Property Enterprise Court (David Stone)    Freddy SpA v Hugz Clothing Ltd and others [2020] EWHC 3032 (IPEC) (19 Nov 2020) This was an action for breach of a settlement agreement, patent and unregistered design right infringement and passing off. There was also a counterclaim from the defendants for revocation of the patent and unjustified threats.  The defendants instructed specialist solicitors and counsel to defend the claim until 5 June 2020. On that day the solicitors came off the record and the defendants took no further steps in the proceedings. The action and counterclaim came on for trial before Mr David Stone sitting as a deputy judge of the High Court on 5 Oct 2020.  By his judgment of 19 Nov 2020, Mr Stone struck out the counterclaim under CPR 39.3 (1) (c)  and gave judgment to the claimant on the claim (see  Freddy SpA v Hugz Clothing ...

In  Gama Healthcare Ltd v PAL International Ltd [2016] EWHC 75 (IPEC) (20 Jan 2016)   the claimant, Gama Healthcare Ltd ( "Gama" )  sued PAL International Ltd. ( "PAL" ) for passing off. Gama complained that the get-up of Pal's Medipal  disinfectant and detergent wet wipes was so similar to the packaging of its Clinell wipes that it was likely to lead members of the trade to believe that the defendant's wipes were those of the  claimant or otherwise connected with the claimant. The goodwill claimed  lay in the use of those colours in combination with the colour block design for the front of the packaging described. The proportion of the front of the pack which was to be coloured was not specified, and no part of the packaging was relied upon apart from the front of the package. Gama pleaded that the front of the package was the critical aspect that would most commonly be viewed by the public. Gama was founded in 2004 by two...