NIPC Law

Author Billreid   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons   Jane Lambert Puter House, Court of Session (Lord Braid) D & M Winchester Ltd. v Coleburn Distillery Ltd    [2023] ScotCS CSOH_66, [2023] CSOH 66 This was an appeal by D & M Winchester Ltd. ("Winchester") from the decision of Mark Bryant on behalf of the Registrar of Trade Marks in Re COLEBURN trade mark D & M Winchester Ltd, v Coleburn Distillers Ltd .  BL O/923/22 29 Oct 2022 under  s76 (2)  of the Trade Marks Act 1994.   According to para [11] of the judgment, this was only the second appeal to the Court of Session from the Trade Marks Registry under that provision. The first had been    CCHG Ltd t/a Vaporized v Vapouriz Ltd 2017] ScotCS CSOH_100, 2017 SLT 907. Proceedings in the Trade Marks Registry Winchester had applied to register the word COLEBURN as a UK trade mark for various goods and services in classes 32, 33, 39, 40. 41, 43 a...

By Kim Traynor - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=22544850 Jane Lambert Court of Session, Outer House ( Lord Doherty)  Reactec Ltd. v Curotec Team Lt d . [2020] CSOH 77, [2020] ScotCS CSOH_77 This was a patent infringement claim with a counterclaim for revocation of the patent on the ground of obviousness.  The proceedings took place before Lord Doherty in the Outer House of the Court of Session in Edinburgh.  For those unfamiliar with the Scottish court system, the Court of Session is the highest civil court in Scotland with original and appellate jurisdiction.  The first instance division is called the Outer House and the appellate division the Inner House (see " About the Court of Session"  on the Scottish Courts and Tribunals website).  Rule 55.2 of the Court of Session Rules  provides for patent cases in the Outer House to be heard by a designated intellectual property judge. Patent in...