NIPC Law

Jane Lambert   Intellectual Property Enterprise Court (His Honour Judge Hacon) Luxe World Ltd v Touch of Vogue Ltd and another [2026] EWHC 148 (IPEC) (30 Jan 2026) S.26C (1) of the Registered Designs Act 1949 provides that proceedings in respect of an actionable threat may be brought against the person who made the threat for— (a) a declaration that the threat is unjustified; (b) an injunction against the continuance of the threat; (c) damages in respect of any loss sustained by the aggrieved person by reason of the threat. An "actionable threat" in this context means a threat to sue for infringing a registered design. S.26A (1) states that a threat of infringement proceedings made by any person is actionable by any person aggrieved by such a threat, subject to the provisions of subsections 26A (2) to (5). S.26 (1) adds that a communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the comm...

  Jane Lambert Patents Court (HH Judge Hacon)  Safestand Ltd v Weston Homes PLC and others [2023] EWHC 3250 (Pat) (19 Dec 2023) This was a claim by Safestand Limited ("Safestand") against Weston Homes Plc, Weston (Logistics) Limited. and Weston Group Limited ("the Weston companies" or "Weston") for patent and registered design infringement. There was also a counterclaim by Weston for revocation of the patents for obviousness and invalidation of the registered designs for want of unity and/or clarity and/or lack of novelty and/or individual character.  The action and counterclaim came before His Honour Judge Hacon sitting as a judge of the High Court between 8 and 19 June 2023.  He delivered judgment on 19 Dec 2023 (see Safestand Ltd v Weston Homes PLC and others [2023] EWHC 3250.  By para [254] of his judgment, he held that the patents were valid and infringed but the registered designs were invalid. The Patents Safestand's patents were  UK Patent No...

Jane Lambert Court of Appeal (Lords Justice Lewison, Moylan and Arnold) Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 Feb 2024) This was an appeal against the relief granted to Marks and Spencer Plc ("M&S") by His Honour Judge Hacon for infringement of the above-registered designs by Aldi Stores Ltd. ("Aldi") for the reasons set out in   Marks and Spencer Plc v Aldi Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 which I discussed in  Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd . on 20 Feb 2023.  Aldi appealed on 7 grounds with the permission of Judge Hacom and Lord Justice Arnold while M&S raised another in a respondent's notice.  The appeal came before Lord Justices Lewison, Moylan and Arnold on 23 Jan 2024 who handed down judgment on 27 Feb 2024.   By para [64] of his judgment in  Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178., Lord Justice Arnold dismissed the appeal.  Lord Justic...

  Jane Lambert Intellectual Property Enterprise Court (Nicholas Caddick QC)  Bei Yu Industrial Co v Nuby (UK) LLP   [2022] EWHC 652 (IPEC) (22 March 2022) This was an account of profits. In the Chancery Division which deals with most intellectual property claims infringement proceedings take place in two phases. There is a hearing known as a "trial" to determine whether the right has been infringed and by whom.  In the Intellectual Property Enterprise Court or IPEC that takes place some 15 months or so after the issue of the claim form. If the claimant is successful at trial, the court usually orders the defendant to stop the infringement on pain of imprisonment or other punishment for disobedience.   If the successful claimant so wishes, the court will then decide how much money the defendant should pay him or her for the past infringement. Claimants have a choice.  They can request compensation for the loss or damage they may have sustained as a r...