NIPC Law

    Jane Lambert Intellectual Property Enterprise Court (Nicholas Caddick QC)  Oatly AB and another v Glebe Farm Foods Ltd [2021] EWHC 2189 (IPEC) 5 Aug 2021 This was an action for trade mark infringement and passing off. There had been a counterclaim for a declaration of invalidity but that appears not to have been pursued at trial.   The action came on for trial before Mr Nicholas Caddick QC on 9 and 10 June 2021.  He delivered judgment on 5 Aug 2021 ( Oatly AB and another v Glebe Farm Foods Ltd  [2021] EWHC 2189 (IPEC)).  By para [117] of his judgment, he dismissed the claims for trade mark infringement and passing off. The Claim The action was brought by the Swedish company Oatly AB and its wholly-owned British subsidiary Oatly UK Ltd.  Oatly AB marketed a milk substitute made from oats under the following marks: Mark Number Goods OATLY 009001626233 Class 29: oat-based food beverages used as a milk substitute; milk substitutes conta...

Senado Federal / CC BY (https://creativecommons.org/licenses/by/2.0) Jane Lambert Chancery Division (Daniel Alexander QC)  Planetart LLC and another v Photobox Ltd and another [2020] EWHC 713 (Ch) (25 March 2020) This was an action for trade mark infringement. passing of f and invalidation of one of the defendant's trade marks. The claimants were the Delaware company,  Planetart LLC , and its English subsidiary, Planetart Ltd .  Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd.  and Photobox Free Prints Ltd.  offer a service that is similar to the claimants'. The first claimant has registered the following as a UK trade mark for a range of goods and services in classes 9, 16, 40 and 42 under trade mark number  UK3393165  with effect from 17 April 2019: The defendants have used the fol...