Showing posts from February, 2022

Call for Views on Designs

Oskar Schlemmer's Bauhaus Emblem   Jane Lambert On 25 Jan 2022, the Intellectual Property Office  ("the IPO") announced a call for views on the legal protection of designs in the United Kingdom (see the IPO Press release IPO launches call for views on designs system   25 Jan 2022). This call for views follows a survey aimed at people who do not consider themselves experts on  IP but who have an interest in designs and their protection which closed on 11 Feb 2022.  The reason for the review is that the UK has left the European Union and has an opportunity to change its design law. The Current Law In Design  I wrote: "In everyday language. we talk of design as something that is functional as in the shape of the fuselage of an aircraft or the arrangement of components in a circuit or as something aesthetic such as a garment or accessory or an item of furniture. That distinction is reflected in the law that provides different regimes for the protection of functional and

Damages - Dr Reddy's Laboratories (UK) Ltd. and others v Warner-Lambert Company LLC and another

Jane Lambert   Patents Court (Mr Justice Macaroli) Dr Reddy's Laboratories (UK) Ltd and others v Warner Lambert LLC and another [2021] EWHC 2182 (Ch) (30 July 2021) Each of the 35 claimants in these proceedings had been awarded an inquiry as to damages either for losses sustained as a result of an interim injunction that the defendants had agreed to pay or for losses resulting from threats of litigation that the court had held to be groundless.  Most of the claimants were pharmaceutical companies that supplied pregabalin  which they were allowed to distribute for the treatment of epilepsy and anxiety but not neuropathic pain.  The remaining claimants were the governments of the United Kingdom, Scotland, Wales and Northern Ireland and the National Health Service that wished to treat patients for neuropathic pain with generic products. The Dispute Warner Lambert Company LLC was the proprietor of  EP0641330 B1  for isobutylgaba, of which pregabalin is a derivative, for the treatment

Trade Marks and Passing Off - easyGroup Limited v Easylife Limited

By EasyGroup, Public Domain,   Jane Lambert Chancery Division (Chief Insolvency and Companies Judge Briggs) easyGroup Ltd v Easylife Ltd and another  (Rev2) [2021] EWHC 2 150  ( Ch) (29 July 2021) I mentioned this action in Practice - easyGroup Ltd v Easylife Ltd   on 2 Feb 2022 when I discussed its pre-trial review ( easyGroup Ltd v Easylife Ltd and another [2021] EWHC 1705 (Ch) (11 June 2021). Readers will recall that it was an action for trade mark infringement and passing off. There was also a counterclaim for revocation and declarations of invalidity. The action and counterclaim came on for trial before Chief Insolvency and Companies Judge Briggs on 7, 8, 9 and 13 July 2021. Judge Briggs delivered judgment on 29 July 2021 ( easyGroup Ltd v Easylife Ltd and another   (Rev2) [2021] EWHC 2150 (Ch) (29 July 2021). By para [295] of his judgment, he dismissed the claim, revoked the registrations of easyLand and easy4men and d