NIPC Law

Jane Lambert Intellectual Property Enterprise Court (HH Melissa Clarke)  Shnuggle Ltd v Munchkin, Inc and another [2019] EWHC 3149 (IPEC) (20 Nov 2019) This was an action for the infringement of registered Community designs  and unregistered design right  and a counterclaim for a declaration of invalidity of one of those RCDs.  The action and counterclaim were tried by Her Honour Judge Melissa Clarke on 23 and 24 Sept 2019. She delivered her judgment on 20 Nov 2019 the transcript of which is at  Shnuggle Ltd v Munchkin, Inc. and another [2019] EWHC 3149 (IPEC) (20 Nov2019) The Parties The claimant is a Northern Irish company called Shnuggle Ltd.  ("Shnuggle") which designs, makes and markets baby products. The first defendant, Munchkin Inc.  ("Munchkin") is a much bigger American company in the same industry. The second defendant, Lindam Ltd. , ("Lindam") distributes Munchkin's products in the UK. The Registered Designs Shnuggle...

Following on from my article "Patents County Court - the New Small Claims Track Rules"  of 20 Sept I can now report that the Part 63 Practice Direction has been amended and that we now have a new "Guide to the Patents County Court Small Claims Track." A new paragraph 32 has been added to the Part 63 Practice Direction.   It provides as follows: " Small claims 32.1 This Practice Direction shall apply to a claim allocated to the small claims track in a patents county court to the extent provided by paragraphs 32.2 and 32.3. 32.2 The following paragraphs shall apply – (1) in Section II, 16.1, 17.1, 17.2, 19.1, 20.1, 21.1 to 21.5, 22.1, 23.1, 24.1; (2) in Section IV, 26.1, 26.2; (3) in Section V, 30.1, 31.1. 32.3 No other provision in this Practice Direction shall apply."   The Guide pretty well confirms what I had anticipated in my article of 20 Sept.  However, it contains two titbits of information that were new to me.   The first is that hearings...