NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  Lutec (UK) Ltd and others v Cascade Holdings Ltd and another [2021] EWHC 1907 (Pat) (09 July 2021) This case started as an action for the infringement of two registered Community designs , namely 000540927-0001 and  000540927-0002 . Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired.   The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK.  Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert  How Brexit has changed IP Law   17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit   26 Jan 2021 Slideshare). Those registered designs are for "Interior lights, Exterior lights...

Jane Lambert Intellectual Property Enterprise Court (Judge Melissa Clarke)  Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC) (21 Nov2019) This was an action for infringement of copyright in a prototype for a bed linen range.  An example of a duvet cover from that range appears at the top of the above photo together with an example of the allegedly infringing item at the bottom. The claimant's product, known as "Evangeline" was sold as part of the "Kylie Minogue at Home" range even though the prototype had been made by one of the claimant's employees and not by Kylie Minogue.   The defendant's, called "Amore", was under the "Buy Caprice Home" brand even though it had been designed not by the Caprice in question (the celebrity Caprice Bourret) but by a freelance designer. In her judgment of 21 Nov 2019, Her Honour Judge Melissa Clarke dismissed the claim on the ground that there had been no copying.  She ...