NIPC Law

  Jane Lambert Court of Appeal (Lord Justices Coulson, Arnold and Zacaroli)   easyGroup Ltd v Easyfundraising Ltd and others [2025] EWCA Civ 1000 (24 July 2025) This note should be read in conjunction with  Trade Marks and Passing off - easyGroup Ltd v Easyfundraising Ltd  which I published on 23 Sep 2024 in  NIPC Law .  In that note, I discussed Mr Justice Fancourt's judgment in  easyGroup Ltd v Easyfundraising Ltd and others  [2024] EWHC 2323 (Ch) (11 Sep 2024).  In the ante-penultimate paragraph, I noted that Mr Justice Fancourt's judgment had raised an issue over "variant forms" within the meaning of  s.46 (2)  of the Trade Marks Act 1994 that had to be resolved by the Court of Appeal.  The Variant Forms Issue I anticipated an appeal because the same issue had arisen in easyGroup Ltd v Easy Live (Services) Ltd and others [2024] EWHC 2282 (Ch) (4 Sept 2024), which I blogged in Trade Marks - easyGroup Ltd v Easy Live (Serv...

Ceric Oxid Author  Walkerma  Reproduced with kind permission of the copyright owner  Jane Lamber t Patents Court (Mr Justice Fanxcourt) Anan Kasei Co., Ltd and another v Neo Chemicals & Oxides (Europe) Ltd and others [2021] EWHC 1035 (Ch) (4 May 2021) On 9 Feb 2921 the defendants applied for summary determination of the following issues pursuant to Part 24 of the Civil Procedure Rules: "1. Whether goods brought from China into and stored in a bonded warehouse in the UK are imported and/or kept within the meaning of s.60 of the Patents Act 1977. 2. Whether goods brought from China into and stored in the UK for the purpose of export and distribution overseas are imported and/or kept within the meaning of s.60 of the Patents Act 1977. 3. Whether the defendants are entitled to assert that: a. but for the infringing importation and keeping of goods into the UK, Neo UK would have routed those same goods through a non-UK port, such as Oslo, Norway, and accordingly not have...

Author Basher Eyre Licence CC BY-SA 2.0    Jane Lambert Patents Court (Mr Justice Fancourt) T eva UK Ltd v Janssen Pharmaceutica N.A . [2020] EWHC 3157 (Pat) (16 Nov 2020) This was an application by the claimant for extended disclosure of correspondence and other documents under the PD51U-Disclosure Pilot for the Business and Property Courts . An issue in an action for a declaration that a supplementary protection certificate ("SPC")  is invalid and should be revoked is whether the active ingredient of the SPC has already been protected by an earlier certificate.  The claimant has alleged that correspondence between the European Medicines Agency ("EMA") and the defendant would assist the court to determine that issue. Accordingly, the claimant applied for the following disclosure under Model C of the practice direction: "1. Correspondence and/or communications between the European Medicines Agency, EMA, and Janssen-Cilag, or any Janssen group company or agen...

Author  Loadmaster (David R. Tribble) Licence  CC BY-SA 4.0 , Source Wikimedia Jane Lambert Chancery Division (Mr Justice Fanccourt) Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and others [2020] EWHC 2424 (Ch) (10 Sept 2020) This was an action for the trade mark infringement and invalidation of the defendants registered mark and a counterclaim by the defendant for revocation of the claimant's marks for non-use. The action and counterclaim came on for trial before Mr Justice Fancourt on 14, 15 and 17 July 3020. The counterclaim was compromised in the course of the trial by the claimant's agreeing to the revocation of both their trade marks except for whiskey and bourbon whiskey.  There was also a claim for passing off but that was abandoned before the end of the trial.  In his judgment in  Sazerac Brands, LLC and others v Liverpool Gin Distillery Ltd and other s [2020] EWHC 2424 (Ch) which he delivered on 10 Sept 2020, Mr Justice Fancourt h...