The Effect of an Arbitration Clause in a Trade Mark Coexistence Agreement on IP Litigation - Lifestyle Equities CV and another v Hornby Street and others
Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2020] EWHC 3320 (IPEC) (30 Nov 2020) The first claimant has registered the following sign in the EU and UK as trade marks for clothes and various other goods. The second claimant is its exclusive licensee. They have brought proceedings in the Intellectual Property Enterprise Court ("IPEC") alleging trade mark infringement and passing off arising from the use of the following mark in the UK: Disputes had arisen between the previous owners of the Beverly Hills mark and the registered proprietor of the Santa Barbara mark, These were settled in 1997 by a co-existence agreement which was governed by California law. Clause 7 of that agreement contained the following provision: "Any controversy, dispute or claim with regard to, arising out of, or relating to this Agreement, including but not limited to its scope or meaning, breach,...