NIPC Law

The Commodores in Hallandale, Florida in the 1990s Author:  Carl Lender , Licence: CC BY-SA 3.0 . Source: Wikimedia Commons Jane Lambert Business and Property Division (Mr Justice Richards) F ifth Avenue Entertainment LLC v Commodore Entertainment Corporation [2026] EWHC 2730 (Ch) (23 Oct 2026) This was an appeal by Fifth Avenue Entertainment LLC ("Fifth Avenue") against the decision  of the hearing officer, Mr Allan James, on 20 March 2025 to dismiss Fifth Avenue's application to register THE COMMODORES as a UK trade mark for goods in class 9 and services in class 41 under s.5 (4) (a) and s.3 (6)  of the Trade Marks Act 1994.  The appeal came before Mr Justice Richards on 7 Oct 2026.  The learned judge gave judgment on 23 Oct 2026 (see Fifth Avenue Entertainment LLC v Commodore Entertainment Corporation [2026] EWHC 2730).  By para [103] of that judgment, his lordship dismissed the appeal. Background "The Commodores" or "Commodores"  are a US...

The Rolls Building, Royal Courts of Justice Author:  Muhammad Karns Licence:  CC BY-SA 4.0   Source:  Wikimedia Commons J ane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) (7 Sept 2026) This was an action for infringement under s.10 (2) and s.10 (3) of the Trade Marks Act 1994 and a counterclaim for invalidity under s.47 (1)  and/or revocation under s.46 (1) .  The trade mark in suit was UK trade mark no. 3,223,726 , for the word mark FLOWERBX.  The allegedly infringing signs included FLOWERSBOX, FLOWERS BOX and FLOWERS BOX LONDON in various formats. The action and counterclaim came on before Recorder Amanda Michaels, sitting as a judge of the High Court on 16 and 17 July 2026.  By her judgment in Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) which she handed down on 7 Sept 2026, the learned recorder found for the claimant on the ...

By Mike Roberts from London, United Kingdom - IMG_0419 CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=2307324   Jane Lambert Intellectual Property Enterprise Court  (Mr David Stone) Automobile Club de L'Ouest (ACO) v Omologato Ltd and Anothe r [2026] EWHC 2265 (IPEC) (27 July 2026) This was an action for trade mark infringement.  There was also a claim for passing off, but that cause of action was not relied upon in the end.  The claimant,  Automobile Club de L'Ouest ("ACO") , operates the 24-hour Le Mans endurance race .  The first defendant,  Omologato Limited (Omologato),  designs, markets and sells watches with a motor racing theme.   ACO objected to watches that had been supplied by Omologato bearing the signs "LE MANS", "LM" and "LMR."  Claim against Mr Kalra The second defendant was Shami Kalra ("Mr Kalra"), a director of Omologato.  Mr Kalra also registered the letters LMR as a trade mark for watche...

Vineyards in the Prosecco Region Author Civvì   Licence:  CC BY-SA 4.0   Source: Wikimedia Common s   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Prosecco International Ltd and others [2026] EWHC 912 (IPEC) (15 April 2026) The    Consorzio di Tutela della Denominazione di Origine Controllata Prosecco  ("the PDO Prosecco")    is the body appointed by the Italian Ministry of Agriculture to protect and promote the Protected Designation of Origin "Prosecco".  Prosecco International Ltd. ("Prosecco International")  is an English company which describes its business as "including distilling, rectifying and blending spirits, manufacturing wine from grape and other business support activities."  Mr Ralph Goldstein is a director of Prosecco International and Mr Michael Goldstein is a former director. The Application PDO Prosecc...