NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Arnold and Phillips and Lady Justice Falk)    Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 Jan 2025) This was an appeal by Thatchers Cider Company Ltd.  ("Thatchers") against the dismissal of its claim for trade mark infringement and passing off by Her Honour Judge Melissa Clarke in  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024).  I discussed that case in Trade Marks and Passing off - Thatchers Cider Company Ltd v Aldi Stores Ltd   on 24 Jan 2024.  The appeal was heard by Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk on 17 and 18 Dec 2024. Videos of the argument are available on YouTube (1 7 Dec 2024 10:30 - 13:00 ,  14:00 - 16: 15) ( 18 Dec 2024  10:30 - 13:00  and 14:00 - 16:15 ).  Judgment was handed down on 20 Jan 2025.  Lord Justice Arnold delivered the lead judgment with which Lord Justi...

Shell Petrol Station Author Ianmcm   Public Domain Courtesy of the author   Soutce Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Phillips and Birss and Lady Justice Whipple)  Ensygnia IP Ltd v Shell UK Oil Products Ltd and others [2024] EWCA Civ 1490 (5 Dec 2024) This was an appeal against the judgment of Miss Charlotte May KC sitting as a deputy judge of the High Court in  Ensygnia IP Ltd v Shell Oil Products Ltd and others [2023] EWHC 1495 (Pat) of 26 June 2023.  That had been a claim by Ensygnia IP Ltd. ("Ensygnia") against Shell Oil Products Ltd, Shell International Petroleum Ltd. and Shell Information Technology BV ("Shell") for the alleged infringement of UK patent  GB 2,489,332 C2  and a counterclaim by Shell for revocation of the patent.  In para [300] of her judgment, Miss May held that the patent was invalid for added matter, extension of scope, and obviousness.  However, she also stated that the patent woul...

Author  John Tenniel  Source Alice in Wonderland .  Penguin Books Licence Copyright expired Jane Lambert Intellectual Property Enterprise Court (Her Honor Judge Melissa Clarke  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) (17 Dec 2024) This was an action for the infringement of UK trade mark UK00003362772 and a counterclaim for the revocation of the mark under s.46 (1) of the Trade Marks Act 1994.  The mark was the word ALICE registered for goods in class 9 and services in class 37.  Infringement was admitted subject to the validity of the registration.  The case turned on whether the mark had been put to genuine use in the first 5 years after registration or at any time since.  The action and counterclaim came on before Her Honour Judge Melissa Clarke on 24 Oct 2024. By para [101] of her judgment in  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) which she handed down on 17 Dec 2024, the learned judge dismiss...