NIPC Law

Premier Inn at Salford Author Peter McDermott   Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Chancery Division (Lance Ashworth KC)  easyGroup Ltd v Premier Inn Hotels Ltd [2025] EWHC 2229 (Ch) (29 Aug 2025) This was a claim for trade mark infringemen t under s.10 (2) and (3) of the Trade Marks Act 1994 and a counterclaim for two of the claimant's marks to be declared invalid under s.47  of the Act.  The action and counterclaim came before Mr Lance Ashworth KC sitting as a deputy judge of the High Court.  The learned deputy judge tried the action between 1 and 8 April 20'25.   The defendant did not press its counterclaim at first instance in view of the Court of Appeal's judgment in Comic Enterprises Limited v. Twentieth Century Fox Film Corporation [2016] EWCA Civ 455, but reserved the right to do so on appeal.  Mr Ashworth delivered his judgment in  easyGroup Ltd v Premier Inn Hotels Ltd  [2025] EWHC 2229 ...

  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property List (Mrs Justice Joanna Smith) Lidl Great Britain Limited and another v Tesco Stores Ltd and another  [ 2023] EWHC 873 (Ch) (19 April 2023) This was an  action for trade mark and copyright infringement and passing off  brought by Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") against Tesco Stores Ltd and Tesco Plc ("Tesco").  There was also a counterclaim by Tesco for the invalidation and revocation of certain Lidl marks. The action and counterclaim came on for trial before Mrs Justice Joanna Smith on 7, 8, 9 and 14 Feb 2023. By para [316] of her judgment, which she handed down on 19 April 2023, her ladyship found for Lidl on its claim and for Tesco on part of its counterclaim  ( Lidl Great Britain Ltd and another v Tesco Stores Ltd and anothe r [2023] EWHC 873 (Ch) (19 April 2023). The Registrations Lidl is the registered proprietor of the following m...