Showing posts from February, 2023

Breach of Confidence - Clements v Frisby

Author S kip88   Licence  Public Domain Source Wikimedia Commons   Jane Lambert Business and Property Courts in Manchester (HH Judge Cawson)   Clements v Frisby [2023] EWHC 320 (Ch) (16 Feb 2023) This was an action for breach of confidence. The claimant. Paul Clements ("Mr Clements"), alleged that he had disclosed  in confidence to  the defendant, Adam Frisby ("Mr Frisby"), and Jessica Devine ("Mrs Devine") a business plan for a women's clothing e-commerce retailer. He complained that Mr Frisby had used the plan to set up his own e-commerce business known as "In the Style" which he subsequently floated on the Alternative Investment Marke t to raise £125 million.  Mr Frisby denied Mr Clements's allegations after which Mr Clements launched proceedings. The action came on for trial before His Honour Judge Cawson KC from 16 to 20 Jan 2023.  The learned judge delivered judgment on 16 Feb 2023 (see    Clements v Frisby [2023] EWHC 320 (Ch) (1

Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd.

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Marks and Spencer Plc v Aldo Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 This was a claim for the infringement of the following registered designs: 6134278   6134280   6134282   6134284 , and  6134276 . The designs were registered on 29 April 2021 by Marks and Spencer Plc ("M&S"). M&S complained that Aldi Stores Ltd ("Aldi") had infringed those registered designs by marketing and selling gin liqueurs in the following  bottles from Nov 2021: The action came on for trial before His Honour Judge Hacon on 16 Dec 2022 who delivered judgment on 31 Jan 2023.  The last of the 5 designs was not pursued.   At para [84] of his judgment, the learned judge concluded that the marketing of those gin liqueur products infringed the first 4 registered designs ( Marks and Spencer Plc v Aldi Stores Ltd . [2023] EWHC 178 (IPEC)). Legislation Judge Hacon noted that the Registered Designs Act 1949 had been

Copyright: Reversion and Contract Adjustment Rights

Standard YouTube Licence Jane Lambert Had the United Kingdom remained a member of the European Union, it would have been obliged to transpose into the laws of England and Wales, Scotland and Northern Ireland arts 20 and 22 of  Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Text with EEA relevance.)  OJ L 130, 17.5.2019, p. 92–125 ("the Digital Single Market Directive") by 7 June 2021, Art 20 provided a contract adjustment mechanism and art 22 a right of revocation. The justification for a contract adjustment mechanism is set out in para (78) of the Directive's recitals: "Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few opportunities for authors and performers to renegotiate them with their contractual counterparts or their successors in title in the event that

Lenovo Appeal - Interdigital Technology Corporation v Lenovo Group

Author N509FZ   Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Birss and Waeby and Lady Justice Falk)  Interdigital Technology Corporation and others v Lenovo Group Ltd and others [2023] EWCA Civ 34 (19 Jan 2023) This was an appeal by the Lenovo Group Ltd. against Judge Hacon's judgment that    European patent (UK) 2 485 558 Method and apparatus for providing and utilizing a non-contention-based channel in a wireless communication system  was valid and essential to ETSI's 4G/LTE standard  and that it had been infringed (see Interdigital Technology Corporation and another v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) (29 July 2021)).  Judge Hacon's judgment was one of the cases I discussed in  FRAND - The InterDigital v Lenovo Litigation   on 3 May 2021. In that article, I referred to that case as "Technical Trial A".   Judge Hacon's Judgment The appeal was heard by Lords Justice Birss and Warby and Lady

Further Hearing - Oxford University Innovation Ltd v Oxford Nanoimaging Ltd

Author John Speed    Source Wikimedia  Commons   Jane Lambert Patents Count  (Daniel Alexander KC)  Oxford University Innovation Ltd v Oxford Nanoimaging Ltd   [2023] EWHC 138 (Pat) (25 Jan 2023) On 23 Dec 2022, Mr Daniel Alexander KC delivered a remarkable judgment in Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 which I discussed in  Patents: Oxford University Innovation Ltd v Oxford Nanoimaging Ltd   on 23 Jan 2023 and in  Student Inventors and their Universities - Ownership of IP in Inventions resulting from Students' Research   on 26 Jan 2023. Mr Alexander upheld a claim for royalties by Oxford University Innovation Ltd ("OUI") the technology transfer arm of Oxford University against Oxford Nanoimaging Ltd ("ONI").  The royalties were for a licence to work patents for inventions that had been invented by one of the University's research students while he had been working at Oxford as an intern and later on his doctorate.  Th

Copyright - Costa v Dissociadid Ltd.and another

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Costa v DissociaDID Ltd. and anothe r  [2022] EWHC 1934 (IPEC) (22 July 2022)  and [2023] EWHC 49 (IPEC) (16 Jan 2023) Since early 2018, Chloe Wilkinson ("Miss Wilkinson") has run a YouTube channel called DissociaDID which provides information on a condition known as dissociative identity disorder or "DID". According to the NHS website : "Someone diagnosed with DID may feel uncertain about their identity and who they are. They may feel the presence of other identities, each with their own names, voices, personal histories and mannerisms. The main symptoms of DID are: memory gaps about everyday events and personal information having several distinct identities." The channel has been very successful attracting over a million subscribers and generating revenues of just under £105,000 in 2020.  In Aug 2020 Ms Wilkinson set up Dissociadid Ltd . ("Dissociadid") to operate the channel.