NIPC Law

© 2021 Jane Lambert All rights reserved   Jane Lambert Intellectual Property Enterprise Court (David Stone) Thurgood v Laight and another   [2024] EWHC 2947 (21 Nov 2024) This was an action for passing off ,  The claimant, Laura Thurgood ("Ms Thurgood"), carried on a dog grooming business near Birmingham in the name or style of WASH WIGGLE & WAG. The first defendant, Danielle Laight ("Ms Laight"), worked in that business until May 2020 when she fell out with Ms Thurgood.  She incorporated the second defendant in the name of Wash Wiggle & Wag Ltd , on 29 May 2020 and registered <washwigglewag.co.uk> as a domain name.  Ms Laight and her company began to trade under that appellation. Ms Thurgood complained that her business had declined considerably in June and July 2020.  She abandoned her WASH WIGGLE & WAG brand in September 2020. Procedural History Ms Thurgood issued proceedings against Ms Laight and her company out of the Queen's Bench D...

  Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) In  Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023), Mrs Justice Joanna Smith held that Tesco Stores Ltd and Tesco Plc ("Tesco") were liable to  Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") for trade mark and copyright infringement and passing off . She also found for Tesco on part of their counterclaim for invalidation of several of Lidl's marks.  I discussed that judgment in  Trade Marks - Lidl v Tesco   on 1 May 2023 and a further judgment in  Discretion in Awarding Final Injunctions- Lidl v Tesco  on 29 June 2023. The Appeal Tesco appealed against the finding of trade mark and copyright infringement and passing off and Lidl against the invalidation of their marks,  The app...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024) This was an action for trade mark infringement and passing off.  It came on for trial before Her Honour Judge Melissa Clarke on 23 and 24 Nov 2024.  By para [148] of her judgment, she dismissed the claims for trade mark infringement and passing off (see Thatchers Cider Company Ltd v Aldi Stores Ltd   [2024] EWHC 88 (IPEC) 24 Jan 2024). The Dispute The claimant, T hatchers Cider Company Ltd. ("Thatchers") makes and sells various types of cider and other alcoholic and non-alcoholic drinks.  It has registered the sign that appears on the left-hand side of the above illustration as a UK trade mark for cider and alcoholic beverages except beer in class 33 under trade mark number UK3489711  with effect from 14 May 2020. The defendant, Aldi Stores Ltd. ("Aldi"), is a retailer which supplies ca...

  Jane Lambert Court of Appeal (Lady Justice King, Lord Justice Arnold and Lord Justice Stuart-Smith)  Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd and another [2023] EWCA Civ 1493 (19 Dec 2023) This was an appeal by the defendants, Kate McIver Skin Limited ("KMS") and Christopher McIver (the personal representative and widower of Kate McIver ("Mrs McIver") the founder of KMS), against the order of His Honour Judge Hacon granting relief to the claimant Yours Naturally Naturally Yours Limited ("YNNY") for passing off and copyright infringement.   His Honour set out his reasons in his judgment in  Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd and another [2023] EWHC 890 (IPEC) (20 April 2023) which I discussed in Passing off and Malicious Falsehood - Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd   on 7 May 2023.  The appeal came on before Lady Justice King and Lord Justices Arnold and Stuart-Smith on 30 Nov 2023....