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Showing posts with the label s.10 (1)

Trade Marks - easyGroup Ltd v Nuclei Ltd

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Royal Courts of Justice Author Anthony M   Licence   CC BY 2.0 Dee d Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Nugee and Sir Christopher Floyd) easyGroup Ltd v Nuclei Ltd and others   [ 2023] EWCA Civ 1247 (27 Oct 2023) This was an appeal by easyGroup Ltd. ("easyGroup") against the order of Mrs Justice Bacon in  easyGroup Ltd v Nuclei Ltd and others [2022] EWHC 901 (Ch) of 13 April 2022,  She dismissed easyJet's claim for trade mark infringement and revoked the marks on which it had relied.  Those marks were  UK trade mark No. 2313529A  and  EU trade marks Nos. 2907509  and  11624376 .  The appeal came on before Lords Justices Arnold and Nugee and Sir Christopher Floyd on 10 and 11 Oct 2023.  The hearing was filmed and can be viewed on YouTube (see the first day of the hearing  and the second day ).    At the end of the hearing, the Court announced tha...

Trade Marks - Bentley 1962 Ltd and another v Bentley Motors Ltd.

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Jane Lambert Chancery Division (HH Judge Hacon)  Bentley 1962 Ltd and another v Bentley Motors Ltd [2019] EWHC 2925 (Ch) (1 Nov 2019) This was a claim for trade mark infringement against the well-known luxury car manufacturer, Bentley Motors Ltd.  The first claimant is the registered proprietor of UK trade mark numbers, 1180215 (the "lozenge mark"),  2177779A (the "series mark") and  2505233  (the "word mark"). The second defendant is its exclusive licensee,  They alleged that Bentley Motors had infringed those trade marks by selling clothing under the following sign ("the combination sign"). The action came on for trial before His Honour Judge Hacon sitting as a judge of the High Court.  The judge tried the action between 2 and 5 July 2019 and delivered judgment on 1 Nov 2019 (see  Bentley 1962 Ltd and another v Bentley Motors Ltd  [2019] EWHC 2925 (Ch) (1 Nov 2019)).   At paragraph [165] of his judgment, ...

Branding - Student Union Lettings Limited v Essex Student Lets Limited

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University of Leicester Author NotFromUtrecht Licence Creative Commons Attribution-Share Alike 3.0 unported Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Miss Recorder Michaels)  Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC) (7 March 2018)  This was an action for trade mark infringement and passing off . The Mark The mark alleged to have been infringed was the word SULETS.  It was registered as a trade mark under registration number  UK00003101453  with effect from 27 March 2015 for the following services: Class 36: " Accommodation letting agency services; property management services; property leasing services; land management and leasing services; advisory services in relation to all the aforesaid" Class 37 : "Property development (construction) services; property renovation, repair and maintenance services; property cleaning services; advisory services in relat...

What constitutes Joint Copyright? Martin v Kogan

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Florence Foster Jenkins Author George Grantham Bain Jane Lambert HH Judge Hacon Martin  and Another v Kogan     [2017] EWHC 2927 (IPEC) (22 Nov 2017) Florence Foster Jenkins  was described by Stephen Pile as "the world's worst opera singer." In 2016 a film was made about her life starring Meryl Street as the singer and Hugh Grant her husband. The film was very popular.  Streep was nominated for an Oscar for her performance.  The movie grossed receipts of US$44.3 million by 16 Oct 2016 according to Wikipedia. The screenplay was credited to Nicholas Martin who is a film and TV script writer.  While he was writing the script Mr Martin was living with Julia Kogan who is an opera singer.  There was no dispute hat they had discussed the project during that time.   Ms Kogan claimed to have contributed to the script to the extent that she was entitled to be regarded as a joint author.   Mr Martin a...