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Showing posts from September, 2020

Trade Marks: Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and others

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Jane Lambert
Chancery Division (Mr Justice Fanccourt) Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and others [2020] EWHC 2424 (Ch) (10 Sept 2020)


This was an action for the trade mark infringement and invalidation of the defendants registered mark and a counterclaim by the defendant for revocation of the claimant's marks for non-use. The action and counterclaim came on for trial before Mr Justice Fancourt on 14, 15 and 17 July 3020. The counterclaim was compromised in the course of the trial by the claimant's agreeing to the revocation of both their trade marks except for whiskey and bourbon whiskey.  There was also a claim for passing off but that was abandoned before the end of the trial.  In his judgment in Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and others [2020] EWHC 2424 (Ch) which he delivered on 10 Sept 2020, Mr Justice Fancourt held that the claimant's trade marks had been infringed and declared the defendant's mark invali…

The Court of Appeal Revisits Search Orders - TBD (Owen Holland) Ltd v Simons and Others

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Jane Lambert

Court of Appeal (Lords Justices David Richards, Newey and Arnold) TBD (Owen Holland) Ltd v Simons and others [2020] EWCA Civ 1182 (8 Sept 2020)

This was a judgment on two appeals.  The first appeal was brought by John O'Boyle ("Mr O'Boyle") against an order by His Honour Judge Keyser QC permitting TBD (Owen Holland) Ltd, ("TBD") to bring committal proceedings for contempt of court against Mr O'Boyle in TBD (Owen Holland) Ltd v Simons [2019] EWHC 2390.  The second was by TBD against Mr Justice Marcus Smith's order in TBD (Owen Holland) Ltd v Simons and others[2020] EWHC 30 (Ch) which I blogged in Search Orders - TBD (Owen Holland) Ltd v Simons and Otherson 22 Jan 2020.   Both appeals arose from the execution of an order for the search of Mr O'Boyle's home and the premises of his former company G2A Limited ("G2A") on 9 Nov 2018.

The Judgment
Lord Justice Arnold, who delivered the lead judgment in TBD (Owen Holland) Ltd v S…

Copyright - DPA (London) Ltd v D'Aguanno and Others

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Jane Lambert

Intellectual Property Enterprise Court (HH Judge Melissa Clarke) DPA (London) Ltd v D'Aguanno and others [2020] EWHC 2374 (IPEC) (3 Sept 2020)

This was an action for copyright infringement and breach of contract brought by a firm of architects against two of its former architectural designers and the company that those designers had set up after they stopped working for the claimant. It is not clear when proceedings were issued but the first and second defendants left the claimant at the end of Dec 2019 and there was a case management conference before His Honour Judge Hacon on 4 March 2020.   The action was tried by Judge Melissa Clarke on 14 and 15 July 2020.  She handed down judgment on 3 Sept 2020.

While working for the claimant the defendants produced architectural plans and drawings for a number of projects.  The first defendant, Andrea D'Aguanno also produced 3-dimensional computer models and computer-generated images for those projects. It was common ground…