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Showing posts from February, 2024

Pecuniary Remedies - Equisafety Ltd v Battle, Hayward and Bower Ltd

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Horse's Eye Author  Waugsberg   Licence   CC BY-SA 3.0   Sourc e  Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) E quisafety Ltd v Battle, Hayward and Bower Ltd     2023] EWHC 1821 (IPEC) (21 July 2023) and  Equisafety Ltd v Battle, Hayward and Bower Ltd and another [2024] EWHC 283 (IPEC) (15 Feb 2024) I n  Practice - Lufthansa Technik AG v Panasonic Avionics Corporation  on 10 Nov 2023 I said that proceedings in the Chancery Division take place in two stages. First, there is a trial to determine whether the defendant is liable to the claimant, If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages. An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant. An inquiry as to damages is a determination of the injury, loss or damage that the claimant

Practice - Wise Payments Ltd v With Wise Ltd. and others

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Jane Lambert Intellectual Property Enterprise Court (Ms. Pat Treacy)  Wise Payments Ltd v With Wise Ltd and other s [2024] EWHC 234 (IPEC) (9 Feb 2024) This was a case management conference in an action for trade mark infringement and passing off and a counterclaim by the first defendant for revocation of the claimant's mark on the grounds of an earlier right and passing off before Ms Pat Treacy sitting as a deputy Enterprise Judge.  One of the issues to be decided in the CMC was whether Kristo Käärmann, Taavet Hinrikus and Dean Nash should be joined as defendants to the first defendant's counterclaim. Mr  Käärmann and Mr Hinrikus had founded the claimant company.  Mr Käärmann was the chief executive officer and a director of the claimant.  Mr Hinrikus had been the claimant's chairman and a director.  Mr Nash had been its secretary and general counsel. The first defendant brought its application to join Messrs Käärmann, Hinrikus and Nash under CPR20.5 , It also applied f

Patents - Cloud Cycle Ltd v Verifi LLC

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Author   Fg2   Licence Copyright waived by the author   Jane Lamber t Intellectual Property Enterprise Court (HH Judge Hacon)  Cloud Cycle Ltd v Verifi LLC and another   [2024] EWHC 233 (IPEC) (7 Feb 2024) In this action and counterclaim Cloud Cycle Ltd ("CCL") is suing Verifi LLC ("Verifi") and GCP Applied Technologies (UK) Limited ("GCP") for a declaration of non-infringement of European Patent (UK) No. 1 720 689  ("the patent") and Verifi and GCP are counterclaiming for infringement of the patent.  Verifi and GCP applied for an interim injunction to restrain CCL from dealing with new customers in an allegedly infringing system for ascertaining the consistency of concrete known as "slump".  CCL responded with an application for summary judgment on its claim and dismissal of the counterclaim.  Both applications came on before His Honour Judge Hacon on 31 Jan 2024.  By para [20] of his judgment in  Cloud Cycle Ltd v Verifi LLC and anot

Trade Marks - Iconix's Appeal

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  Jane Lambert Court of Appeal (Lady Justice King and Lords Justices Arnold and Birss) Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another [2024] EWCA Civ 29 (26 Jan 2024) In  Trade Marks - Iconix Luxembourg Holdings SARL v Dream Pairs Europe   I discussed Mr Justice Miles's judgment in  Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another [2023] EWHC 706 (Ch) (28 March 2023) in this publication on 31 March 2023.  In that action, Iconix Luxembourg Holdings SARL ("Iconix") sued Drean Pairs Europe Inc. and Top Glory Trading Group Inc. ("Dream Pairs") for trade mark infringement under s.10 (2) (b) and (3) of the Trade Marks Act 1994. Mr Justice Miles dismissed the claim for the reasons I set out in my case note.   The Appeal Iconix appealed on the ground that the judge had failed correctly to assess the likelihood of post-sale confusion and on related grounds concerning his assessment of the similarity between Iconix's registe