Showing posts from August, 2021

Trade Marks and Passing off - Easygroup v Easyway SBH

Saint Barthélemy Author Starus   Licence CC-BY-SA 3.9   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell) Easygroup Ltd and others v Easyway SBH and another (Rev1) [2021] EWHC 2007 (IPEC) (22 July 2021) Saint Barthélemy is a small French possession in the West Indes.  Easyway SBH is a company incorporated in the territory which runs a meet and greet service on the island that has included flight booking and arranging car hires.  All its services are performed on Saint Barthélemy but it has a website in English that is used by travel agents and individuals from the UK. The company corresponded with enquirers who approached it through the website.  Stephane-Michel Roche, the company's founder, director owner of 60% of its shares, estimated that between 200 and 250 of Easyway's customers were British and they constituted some 3% of its business. Despite their remoteness from the UK and even though all its services were performe

Patents - Mitsubishi Electric Corporation and another v Archos SA and others

Author  Dori   Public Domain Source  Wikimedia Commons Jane Lambert Patents Court  (Mr Justice Mellor)  Mitsubishi Electric Corporation and another v Archos SA and others   [[2021] EWHC 1639 (Pat) (16 June 2021) The first claimant is the proprietor of European patents  2,254,259 ("259") and  1,903 689 ("689") . They are part of a portfolio called the "MCP Pool!" which the claimants have promised to license on fair, reasonable and non-discriminatory ("FRAND") terms.  The defendants are manufacturers of 4G mobile phones.  The claimants argued that the defendants required their licence in order to comply with the LTE (4G) standard concerned with the transmission of a scheduling request (SR) to request uplink resources. The defendants denied that those patents were essential for compliance with the patent and pleaded that the patents were invalid for lack of novelty and an inventive step.  They also alleged that 689 was bad for added matter. The Pro

Trade Marks and Passing off - Lifestyle Equities CV v The Copyrights Group

  Jane Lambert Chancery Division  (Mr Justice Marcus Smith) L ifestyle Equities CV v The Copyrights Group Ltd and others [2021] EWHC 1212 (Ch) (10 May 2021) This was an action for trade mark infringement and passing off,   The first claimant was the registered proprietor of the following European Union and United Kingdom trade marks and the second claimant was its exclusive licensee: EU005482484   EU00908456469   EU000364257   EU000532895   EU015737653  and  UK00001259226 The claimants complained that the first, second and third defendants had used a mark which has unfortunately not been reproduced in the BAILII transcript or in any of the reports on Westlaw.  They also alleged that those defendants' use of that mark amounted to passing off. The Allegations Para 24 of the particulars of claim alleged: "From a precise date unknown to the Claimants but before the issue of the Claim Form herein and believed to have been from around the second quarter of 2015, the Defendants and

Patents - Damages for infringement - Anan Kasei Co. v Neo Chemicals & Oxides

Ceric Oxid Author  Walkerma  Reproduced with kind permission of the copyright owner  Jane Lamber t Patents Court (Mr Justice Fanxcourt) Anan Kasei Co., Ltd and another v Neo Chemicals & Oxides (Europe) Ltd and others [2021] EWHC 1035 (Ch) (4 May 2021) On 9 Feb 2921 the defendants applied for summary determination of the following issues pursuant to Part 24 of the Civil Procedure Rules: "1. Whether goods brought from China into and stored in a bonded warehouse in the UK are imported and/or kept within the meaning of s.60 of the Patents Act 1977. 2. Whether goods brought from China into and stored in the UK for the purpose of export and distribution overseas are imported and/or kept within the meaning of s.60 of the Patents Act 1977. 3. Whether the defendants are entitled to assert that: a. but for the infringing importation and keeping of goods into the UK, Neo UK would have routed those same goods through a non-UK port, such as Oslo, Norway, and accordingly not have infringe

Registered Designs - Lutec (UK) Ltd v Cascade Holdings Ltd

  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" registered in the name of the third c