NIPC Law

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   Chancery Division (Mrs Justice Joanna Smith)  Getty Images (US) Inc and others v Stability AI Lt d [2023] EWHC 3090 (Ch) (1 Dec 2023) The defendant company, Stability AI Ltd., offers to create images to its customers' specifications using a type of artificial intelligence known as "stable diffusion" .  The image in Wikipedia of a spaceman on a horse is an example.  The claimants. Getty Images (US) Inc. and its subsidiaries complain that Stability AI reproduces content from their photo libraries to make such images without their licence.  They have brought proceedings for infringement of copyright, database rights and trade marks and passing off.  Stability AI applied for summary judgment or a strike out of the claim under CPR Part 24  and CPR 3.4 . It also requested further information of the claim under CPR Part 18 .  The Getty companies cross-applied to fix dates for the case management conference, pre-trial review and trial...

  Jane Lambert Intellectual Property Enterprise Court (Pat Treacy)  JBC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480 (IPEC) (23 June 2023) This was an application for summary judgement on a claim for trade mark infringement and the striking out of a defence and counterclaim for groundless threats and reimbursement for unsold stocks returned by Sainsbury's The applications came on before Pat Treacy sitting as a deputy judge of the High Court on 9 June 2023.   By para [43] of her judgment which she handed down on 23 June 2023, the learned deputy judge dismissed the summary judgment application and the application to strike out the defence (see J BC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480).  She also struck out the counterclaim for reimbursement for unsold stocks but not the counterclaim for unjustified threats. The Claim The claimant is the registered proprietor...