NIPC Law

© 2021 Jane Lambert All rights reserved   Jane Lambert Intellectual Property Enterprise Court (David Stone) Thurgood v Laight and another   [2024] EWHC 2947 (21 Nov 2024) This was an action for passing off ,  The claimant, Laura Thurgood ("Ms Thurgood"), carried on a dog grooming business near Birmingham in the name or style of WASH WIGGLE & WAG. The first defendant, Danielle Laight ("Ms Laight"), worked in that business until May 2020 when she fell out with Ms Thurgood.  She incorporated the second defendant in the name of Wash Wiggle & Wag Ltd , on 29 May 2020 and registered <washwigglewag.co.uk> as a domain name.  Ms Laight and her company began to trade under that appellation. Ms Thurgood complained that her business had declined considerably in June and July 2020.  She abandoned her WASH WIGGLE & WAG brand in September 2020. Procedural History Ms Thurgood issued proceedings against Ms Laight and her company out of the Queen's Bench D...

Author Muhammad Karns Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)    I-Smart Developments Ltd v Currentbody.com Ltd (Rev1) [2024] EWHC 2889 (IPEC) (15 Nov 2024) On 6 Nov 2024, His Honour Judge Hacon heard an application by I-Smart Developments Ltd. ("ISD") to strike out part of the defence of Currentbody.com Ltd. to ISD's claim for breach of contract and registered and unregistered design infringement or alternatively summary judgment under CPR Part 24.  He also heard an application by ISD, I-Smart Marketing SVCS Ltd. ("ISM") and Susan Patricia D'Arcy ("Ms D'Arcy") to strike out part of the particulars of claim of Shenzhen Kaiyan Medical Equipment Ltd. ("Kaiyan") for a declaration that ISD's registered design is invalid and an injunction restraining them from maintaining ISD's claim or any other claim for infringement of IP rights in Keiyan's produ...

  Jane Lambert Intellectual Property Enterprise Cour t (Mr Campbell Forsyth) WaterRower (UK) Ltd v Liking Ltd . [2024] EWHC 2806 (IPEC) At the case management conference in WaterRower (UK) Ltd v Liking Ltd (T/A Topiom) [2022] EWHC 2084 (IPEC) (5 Aug 2022), Liking Ltd ("Liking") applied unsuccessfully to strike out or obtain summary judgment in, a claim against it by WaterRower (UK) Ltd.  ("WaterRower") for infringement of copyright in several of its water resistance rowing machines ("the Works"). WaterRower had alleged that the Works were "works of artistic craftsmanship" within the meaning of s. 4 (1) (c) of the Copyright, Designs and Patents Act 1988 ("CDPA").  Mr David Stone, who heard the application, said: "I have found that the Claimant’s case that the WaterRower is a work of artistic craftsmanship is not 'bound to fail'. I have not reached a concluded view that the WaterRower is a work of artistic craftsmanship -...

Manchester Civil Justice Centre Author Skip88  Licence Public Domain Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Lewison, Phillips and Snowdon) Cheshire Estate & Legal Ltd. v Blanchfield and others [2024] EWCA Civ 1317 (5 Nov 2024) This was an appeal from the judgment of His Honour Judge Bever sitting in Manchester as a judge of the High Court. The learned judge had dismissed with costs a claim by Cheshire Estate & Legal Ltd. ("Cheshire Estate") against two of its former directors and the company that they were setting up for conspiracy and breach of fiduciary, contractual and confidential duties. The Alleged Wrongdoing The defendants were accused of taking preliminary steps to set up a competing enterprise before they had resigned as Cheshire Estate's directors. Those steps included registering the trading name of the new business, incorporating the company as the corporate vehicle for their venture, appointing themselves as directors ...