NIPC Law

  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property List ( Mrs Justice Joanna Smith) Lidl Great Britain Limited and another v Tesco Stores Ltd and anothe r [2023] EWHC 1517 (Ch) (21 June 2023) In Trade Marks - Lidl v Tesco   which I posted to this blog on 1 May 2023 I discussed Mrs Justice Joanna Smith's judgment in ) Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023),  In that case Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") sued Tesco Stores Ltd and Tesco Plc ("Tesco") for copyright \and trade mark infringement and passing off. Tesco counterclaimed for cancellation of some of Lidl's marks,  By her judgment of 19 April 2023 the judge found for Lidl on its claim and Tesco on part of its counterclaim. Outstanding Issues The parties agreed that Tesco was entitled to an injunction to restrain trade mark infringement and passing off but Tesco objecte...

Author Basher Eyre Licence CC BY-SA 2.0   Source Wikipedia Rolls Buildin g Jane Lambert Patents Court (Mr Justice Birrs)  Evalve Inc and others  v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) A month after their trial before Mr Justice Birss in  Evalve Inc and others v Edwards Lifesciences Ltd (#1) [ 2020] EWHC 514 (Pat) (12 March 2020 and nearly two months before they know who had won, the parties found themselves back in the Rolls Building which I blogged in  Patents - Evalve Inc. and Others v Edwards Lifesciences Ltd (#1)   29 March 2020 for a further trial before the same judge. The issue in the second trial was whether Edwards Lifesciences Ltd. should be injuncted and, if so, on what terms should it lose the patent action.  In his judgment in  Evalve Inc and Others v Edwards Lifesciences Ltd   (#2) [2020] EWHC 513 (Pat) (12 March 2020) which he delivered the same day as his judgment in the...

Supreme Court Author Christine Smith Licence Creative Commons attribution share alike 4.0 international Source Wikipedia Jane Lambert Supreme Court (Lords Mance, Kerr, Sumption, Mance and Hodge)  Cartier International AG and others v British Telecommunications Plc and another   [2018] 1 WLR 3259, [2018] WLR 3259, [2018] WLR (D) 354, [2018] UKSC 28 What this Appeal was about In  Cartier International AG and others v British Sky Broadcasting Ltd and others   : [2015] EMLR 10, [2015] 1 All ER 949, [2015] 1 All ER (Comm) 641, [2015] RPC 175, [2014] EWHC 3354 (Ch), [2015] BUS LR 298, [2015] RPC 7, [2015] Bus LR 298, [2015] ETMR 1, [2014] WLR(D) 464 Mr Justice Arnold made an order requiring British Sky Broadcasting Ltd. and other internet service providers ("ISPs") to block access to certain websites which promoted the sale of counterfeit products under s.37 (1)  of the Senior Courts Act 1981. I blogged about the case in...

Cartier Watch Author Noop1958 Creative Commons Licence Source Wikipedia Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2016] EWCA Civ 658 (6 July 2016)  In   Cartier International AG and Others v British Sky Broadcasting Ltd and Others   [2015] ETMR 1, [2015] 1 All ER 949, [2014] EWHC 3354 (Ch), [2015] RPC 7, [2014] WLR(D) 464, [2015] 1 All ER (Comm) 641, [2015] BUS LR 298, [2015] EMLR 10 Mr Justice Arnold ordered the five leading internet service providers to block access to certain websites that offered counterfeit Cartier goods for sale under s.37 (1) of the Senior Courts Act 1981. I discussed the case in  Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others   6 Jan 2015. This was not the first time a court had ordered an ISP to block access to a website that infringed a claimant's intellectual property rights.  A number of ea...

Bond Street Photo Wikipedia In  Cartier International AG and Others v British Sky Broadcasting Ltd and Others   [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of  Compagnie Financière Richemont SA  applied to Mr Justice Arnold for injunctions against the five largest internet service providers ( "ISPs" ) in the UK in the following terms: "1. In respect of its residential fixed line broadband customers to whose service the system known as … is applied, the … Defendant shall within 15 working days in relation to the initial notification (and thereafter, within 10 working days of receiving any subsequent notification) adopt the following technical means to block or attempt to block access to the Target Websites, their domains and sub-domains and any other IP address or URL notified to the …. Defendant whose sole or predominant purpose is to enable or facilitate access to a Target Website. The technology to be adopted i...