NIPC Law

  Jane Lambert Chancery Division  (Mr Justice Marcus Smith) L ifestyle Equities CV v The Copyrights Group Ltd and others [2021] EWHC 1212 (Ch) (10 May 2021) This was an action for trade mark infringement and passing off,   The first claimant was the registered proprietor of the following European Union and United Kingdom trade marks and the second claimant was its exclusive licensee: EU005482484   EU00908456469   EU000364257   EU000532895   EU015737653  and  UK00001259226 The claimants complained that the first, second and third defendants had used a mark which has unfortunately not been reproduced in the BAILII transcript or in any of the reports on Westlaw.  They also alleged that those defendants' use of that mark amounted to passing off. The Allegations Para 24 of the particulars of claim alleged: "From a precise date unknown to the Claimants but before the issue of the Claim Form herein and believed to have been from around the se...

Photo Michael Maggs   Licence CC BY-SA 3.0   Jane Lambert I ntellectual Property Enterprise Court (Recorder Amanda Michaels)  Pliteq Inc and another v iKoustic Ltd and anothe r [2020] EWHC 2564 (IPEC) (2 Ocr 2020) This was a dispute between Pliteq Inc , a manufacturer of acoustic damping and sound control products and its UK subsidiary and iKoustic Ltd  ("iKoustiic"), their former distributor When the two sides fell out iKoustic held a large quantity of Pliteq stock which the claimants refused to take back. iKoustic used Pliteq's marks to sell off that stock while at the same time selling their own range of competing products,  Pliteq complained that the use of their marks in relation to iKoustic products amounted to trade mark infringement and passing off,  The defendants denied that their use of the claimants' marks amounted to infringement but if it did they could rely on the exhaustion defence set out in s.12 (1) of the Trade Marks Act 1994 and art 15 (...