NIPC Law

© Kameraprojekt Graz 2015 / Wikimedia Commons / CC BY-SA 4.   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Tipping v Smith [2026] EWHC 1855 (22 July 2026) In  Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another   30 Aug 2026, I explained that claimants in intellectual property cases whose rights have been infringed have "the choice of   seeking damages (compensation for the loss or damage that they sustained as a result of the infringements) to be assessed in proceedings known as 'an inquiry as to damages' or the surrender of any profits that the defendants had obtained from the infringements assessed in proceedings known as an 'account of profits.'"   Although Judge Melissa Clarke, who heard  Tipping v Smith   [2026] EWHC 1855, called the proceedings a "quantum trial" they were also an inquiry as to damages.  Cause of Action An important difference between  Fendi It...

  Ja ne Lambert irst  Chancery Division (Mr Justice Mellor)  A U Vodka Ltd v NE10 Vodka Ltd and another [2022] EWHC 2371 (Ch) (21 Sept 2022) The claimant in these proceedings distilled and distributed the vodka on the left.  The first defendant the vodka on the right.  The claimant applied for an interim injunction to retrain the first defendant and its sole director and shareholder (the second defendant) from marketing and selling the vodka on the right until trial or further order.   The defendants applied to strike out the claim against the second defendant and sought an expedited trial.   The application and cross-applications came on before Mr Justice Mellor as applications by order on 16 Aug 2022.  At the end of the hearing, his lordship refused the application for an injunction and the cross-application for a strikeout but granted a speedy trial.   He set out his reasons in  AU Vodka Ltd v NE10 Vodka Ltd and anothe...

Usury Author Albrecht Durer "Ship of Fools"   Jane Lambert Intellectual Property Enterprise Court (Ian Karet)  FBT Productions, LLC v Let Them Eat Vinyl Distribution Ltd [2021] EWHC 1316 (IPEC) (17 May 2021) S.15 and Sched 1  of the Administration of Justice Act 1982 inserted a new s.35A (1) into the Senior Courts Act 1981: "Subject to rules of court, in proceedings (when-ever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgement is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgement, for all or any part of the period between the date when the cause of action arose and— (a) in the case of any sum paid before judgement, the date of the payment; and (b) in the case of the sum for which judgement is given, the date of the judgement." In    FBT Productions, LLC v Let Them Eat Vinyl D...