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Showing posts with the label Reckitt & Colman v Borden

Passing off - Alyssa Smith Jewellery Ltd v Alisa Goodstone

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"What's in a Name?" By John Massey Wright - Folger Shakespeare Library Digital Image Collection http://luna.folger.edu/luna/servlet/s/8msouv, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=40859850   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) Alyssa Smith Jewellery Ltd v Alisa Goodstone t/a Alyssa Jewellery Desig n [2021] EWHC 1482 (IPEC) (9 June 2021) This was an action for passing off . The claimant is a company that designs, produces and sells jewellery. It is named after its founder and sole director, Ms Alyssa Smith. The defendant is also a jewellery designer.  Her first name is Alisa but she trades as "Alyssa Jewellery Design" (one of "the Defendant's Signs")  As the learned recorder, Amanda Michaels, noted in the first paragraph of her judgment, these proceedings arise out of the defendant's adoption of the trading name 'Alyssa Jewellery Design' for her own jewellery business. Th...

Trade Mark Infringement and Passing off - Natural Instinct Ltd v Natures Menu Ltd.

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Dirk Vorderstraße / CC BY (https://creativecommons.org/licenses/by/2.0) Jane Lambert Intellectual Property Enterprise Court (Mr David Stone)  Natural Instinct Ltd v Natures Menu Ltd [2020] EWHC 617 (IPEC) (20 March 2020) This was an action for trade mark infringement and passing off between two medium-sized enterprises.     Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000.  It is it an example of how an intellectual property dispute should be resolved.  Save that the Wood Green County Court's jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986. The claimant, Natural Instinct Ltd .,...