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Showing posts from June, 2022

Trade Marks: The Tomatin Distillery Co. Ltd. v The Tomatin Trading Co. Ltd.

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The Railway Viaduct at Tomatin Author Chris McKenna   Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Court of Session, Inner House (Lord President, Lord Woolman and Lord Pentland) The Tomatin Distillery Co. Ltd. v The Tomatin Trading Co. Ltd .  [2022] ScotCS CSIH_28 (14 June 2022) This was an appeal from the decision of the Scottish Intellectual Property Judge, Lady Wolffe, in The Tomatin Distillery Co. Ltd. v The Tomatin Trading Co. Ltd. [2021] ScotCS CSOH_100, 2021 SLT 1327, [2021] CSOH 100, 2021 GWD 33-438 (6 Oct 2021).  The pursuer, a whisky distiller in the village of  Tomatin , had sued the defender , which runs an hotel, café and farm shop in the same village, for trade mark infringement and passing off.  The defender denied infringement and counterclaimed for the invalidity of the pursuer's marks.  Her ladyship dismissed the claim and declared that two of the pursuer's trade marks were invalid on the ground inter alia that those marks had been registe

Registered Designs - Erol v Posh Fashion Ltd

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Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell) Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022) This was an action for the alleged infringement of two registered designs : Design number 4020066 for a hoody sweatshirt; and  Design number 4020067 for a T-shirt. The action came on for trial before Mr Recorder Campbell QC on 2 Dec 2021 who delivered judgment on 8 Feb 2022 (see  Erol v Posh Fashion Ltd [2022] EWHC 195 (IPEC) (8 Feb 2022)). By para [38] of his judgment, he dismissed the action on the ground that the registrations were invalid. Registered Designs A registered design is a design that is registered with the Designs Registry of the Intellectual Property Office under the provisions of the Registered Designs Act 1949 as amended.  Registration confers on the proprietor the exclusive right to use the design and any design which does not produce on an informed user a different overall impression.  "Use” means making, offering, putting