NIPC Law

Jane Lambert Court of Appeal (Lords Justice Lewison, Moylan and Arnold) Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 Feb 2024) This was an appeal against the relief granted to Marks and Spencer Plc ("M&S") by His Honour Judge Hacon for infringement of the above-registered designs by Aldi Stores Ltd. ("Aldi") for the reasons set out in   Marks and Spencer Plc v Aldi Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 which I discussed in  Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd . on 20 Feb 2023.  Aldi appealed on 7 grounds with the permission of Judge Hacom and Lord Justice Arnold while M&S raised another in a respondent's notice.  The appeal came before Lord Justices Lewison, Moylan and Arnold on 23 Jan 2024 who handed down judgment on 27 Feb 2024.   By para [64] of his judgment in  Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178., Lord Justice Arnold dismissed the appeal.  Lord Justic...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Marks and Spencer Plc v Aldo Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 This was a claim for the infringement of the following registered designs: 6134278   6134280   6134282   6134284 , and  6134276 . The designs were registered on 29 April 2021 by Marks and Spencer Plc ("M&S"). M&S complained that Aldi Stores Ltd ("Aldi") had infringed those registered designs by marketing and selling gin liqueurs in the following  bottles from Nov 2021: The action came on for trial before His Honour Judge Hacon on 16 Dec 2022 who delivered judgment on 31 Jan 2023.  The last of the 5 designs was not pursued.   At para [84] of his judgment, the learned judge concluded that the marketing of those gin liqueur products infringed the first 4 registered designs ( Marks and Spencer Plc v Aldi Stores Ltd . [2023] EWHC 178 (IPEC)). Legislation Judge Hacon noted that the Registere...

Over the last few months, there has been a spate of claims by luxury goods manufacturers against eBay. In RG 07/11365 L'Oréal SA c eBay France SA in which the Tribunal de Grande Instance of Paris dismissed trade mark infringement claims by L'Oréal against eBay for providing an on-line market for counterfeit goods on 13 May 2009. A similar case came before Mr Justice Anold in L'Oreal SA and others v eBay International AG and others [2009] EWHC 1094 on 22 May 2009. The questions that arose in both cases were summarized by the judge as follows: "Are eBay Europe liable for trade mark infringements committed by their users? Do eBay Europe themselves commit infringements by using trade marks in relation to infringing goods? " In this case the well known cosmetics, skincare and toiletries multinational, L'Oréal, sued a number of alleged counterfeiters and parallel importers for trade mark infringement. These were defendants 4 to 10. They also sued various eBay comp...