NIPC Law

Author  August Malmström Copyright Expired Source    Wikimedia Commons     Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Fox Group International Ltd v Teleta Pharma Ltd [2021] EWHC 1714 (IPEC) (23 June  2021)   There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler  manufactured by the Korean company  Across Co., Ltd  ( "Across" ) which Fox Group International Ltd. ( "Fox" ) enjoyed the exclusive right to distribute in the UK. Notwithstanding a clause in Fox's distribution agreement recognizing that "trademarks, trade names, designs, copyright and other property rights included in the product possess are the unique property of [Across]" and making clear that Fox did not have or acquire any rights, title or interest in that property, Fox applied to register REVOLAX as a UK tr...

By Scott Bauer - This image was released by the Agricultural Research  Service, the research agency of the United States Department of Agriculture, with the ID k7245-1 (next)., Public Domain, https://commons.wikimedia.org/w/index.php?curid=1636079 Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Fit Kitchen Ltd and another v Scratch Meals Ltd [2020] EWHC 2069 (IPEC) (29 July 2020) This was an action for trade mark infringement and passing off. There was also a counterclaim for the invalidation of the claimant's mark under s.47 (1) of the Trade Marks Act 1994 ,   The action and counterclaim were tried by His Honour Judge Hacon on 17 June 2020.  His judgment in  Fit Kitchen Ltd and another v Scratch Meals Ltd [2020] EWHC 2069 was handed down on 29 July 2020. The first claimant is a private company incorporated with limited liability in England and Wales in the name of Fit Kitchen Limited ("Fit Kitchen") ...

The White Cliffs of Dover Author Walter Mittelholzer 1894-1937 Jane Lambert Trade Marks Registry (Ms A Skilton) Re VERA LYNN, Lynn v Halewood International Brands Ltd,   BL O/766/19 12 Dec 2019 Dame Vera Lynn was born in 1917 and is still going strong.  Known as the forces' sweetheart her broadcasts, sound recordings and concerts contributed enormously to military and civilian goodwill during the second world war.  One of her most famous songs is The White Cliffs of Dover   which she recorded in 1942.    Halewood International  is a major manufacturer and distributor of alcoholic beverages whose brands include Crabbie's, Lambrini and Dead Man's Fingers. On 14 June 2018 Halewood applied to register the name VERA LYNN for alcoholic beverages (except beer) and spirits in class 33.  Dame Vera filed a notice of opposition relying on s.5 (4) and s.3 (6) of the Trade Marks Act 1994 .  In her statement of grounds Dame V...

The IPO in Newport - where the hearing officers are to be found Crown Copyright Licensed by the IPO Jane Lambert An exception to the rule that a trade mark registration cannot be challenged for non-use in the first 5 years after registration is where the application to register the trade mark was made in "bad faith". The legislative mechanism is provided by s.47 (1) of the Trade Marks Act 1994: "The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 3 or any of the provisions referred to in that section (absolute grounds for refusal of registration)." Subsection (6) of s.3 provides: "A trade mark shall not be registered if or to the extent that the application is made in bad faith." But what does "bad faith" mean exactly? In  Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and others   [2009] Bus LR D81, [2008] EWHC 3032 (Ch), [2...

Handsam Ltd . describes itself as "a leading provider of online management systems, consultancy services and advice to both the business and education sectors." Its specialisms include health and safety management, policy writing and advice in all areas, security, fire, training and data protection. It has recently extended its online services to include a school trip planning system . Its systems claim to offer its clients guaranteed compliance, audit trails or chain of evidence collection and peace of mind for leaders, directors and managers. By an application dated the 15 July 2014 Handsam applied to register the following sign as a trade mark for the following goods and services. The specified goods and services were: Class 16: Magazines; Books; Leaflets; Printed guides; Printed manuals; Printed matter for educational purposes; Teaching materials for education; Printed matter for instructional purposes. Class 35: Business advice; Business management advisory s...