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...

Jane Lambert Chancery Division (Kelyn Bacon QC) Red Bull GmbH v Big Horn UK Ltd and other s [2020] EWHC 124 (Ch) (30 Jan 2020) This was a claim by Red Bull GmbH  against Big Horn UK Ltd. and its sole director    Lyubomir Enchev. for infringement of the following European trade marks: EU003629342 , EU000052746  and  EU001564301   Red Bull complained that the defendants had distributed a drink in Bulgaria and the UK that has been manufactured by a Polish company under the signs that appear in the right-hand column of the table in paragraph 6 of the transcript.  The action came on for trial before Kelyn Bacon QC between 15 and 17 Jan 2020. The learned deputy judge gave judgment to the claimant on 30 Jan 2020. Red Bill alleged that Big Horn and Mr Enchev had infringed its rights under art 9 (2) (b) and (c) of  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA rele...