NIPC Law

Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell) Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022) This was an action for the alleged infringement of two registered designs : Design number 4020066 for a hoody sweatshirt; and  Design number 4020067 for a T-shirt. The action came on for trial before Mr Recorder Campbell QC on 2 Dec 2021 who delivered judgment on 8 Feb 2022 (see  Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022)). By para [38] of his judgment, he dismissed the action on the ground that the registrations were invalid. Registered Designs A registered design is a design that is registered with the Designs Registry of the Intellectual Property Office under the provisions of the Registered Designs Act 1949 as amended.  Registration confers on the proprietor the exclusive right to use the design and any design which does not produce on an informed user a different overall impression.  "Use” means ma...

Jane Lambert Intellectual Property Enterprise Court  (Mr David Stone)  Rothy's Inc v Giesswein Walkwaren AG  [2020] EWHC 3391 (IPEC) (16 Dec 2020) This is a case about the design of shoes which is more interesting than many of the other designs that have come before the courts recently.  It is also possibly the last time an English court will have sat as a Community design court.  Mr David Stone, who tried the case as a deputy judge of the High Court, remarked at paragraph [9] of his judgment t hat   "As things currently stand, this Court will be unable to sit as a Community Design Court after 11pm UK time on 31 December 2020, given the current end date to the transition period following the UK's departure from the European Union." The Issues The claimant company,  Rothy's Inc. ("Rothy's"), is the registered proprietor of  registered Community design number 4500932-0002 for shoes  ("the RCD").  It also claimed to be entitled to an ...

Jane Lambert Intellectual Property Enterprise Court (HH Melissa Clarke)  Shnuggle Ltd v Munchkin, Inc and another [2019] EWHC 3149 (IPEC) (20 Nov 2019) This was an action for the infringement of registered Community designs  and unregistered design right  and a counterclaim for a declaration of invalidity of one of those RCDs.  The action and counterclaim were tried by Her Honour Judge Melissa Clarke on 23 and 24 Sept 2019. She delivered her judgment on 20 Nov 2019 the transcript of which is at  Shnuggle Ltd v Munchkin, Inc. and another [2019] EWHC 3149 (IPEC) (20 Nov2019) The Parties The claimant is a Northern Irish company called Shnuggle Ltd.  ("Shnuggle") which designs, makes and markets baby products. The first defendant, Munchkin Inc.  ("Munchkin") is a much bigger American company in the same industry. The second defendant, Lindam Ltd. , ("Lindam") distributes Munchkin's products in the UK. The Registered Designs Shnuggle...