NIPC Law

Jane Lambert Intellectual Property Enterprise Court (His Honour Judge Hacon) Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) (11 March 2025) This was an application by Iceland Foods Ltd ("Iceland") for summary judgment on its counterclaim for the invalidation of registered trade mark number  907527963  held by Babek International Ltd. ("Babek") for meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, competes, eggs, milk and milk products edible oils and fats in class 29 and scientific and technological services and research and design relating thereto, industrial analysis and research services design and development of computer hardware and software in class 42.  In this action, Babek sued Iceland for infringing its trade mark by selling goods with a sign identical to the mark in respect of which the mark had been registered.   His Honour Judge Hacon heard the application on 2...

  Jane Lambert Patents Court (HH Judge Hacon)  Safestand Ltd v Weston Homes PLC and others [2023] EWHC 3250 (Pat) (19 Dec 2023) This was a claim by Safestand Limited ("Safestand") against Weston Homes Plc, Weston (Logistics) Limited. and Weston Group Limited ("the Weston companies" or "Weston") for patent and registered design infringement. There was also a counterclaim by Weston for revocation of the patents for obviousness and invalidation of the registered designs for want of unity and/or clarity and/or lack of novelty and/or individual character.  The action and counterclaim came before His Honour Judge Hacon sitting as a judge of the High Court between 8 and 19 June 2023.  He delivered judgment on 19 Dec 2023 (see Safestand Ltd v Weston Homes PLC and others [2023] EWHC 3250.  By para [254] of his judgment, he held that the patents were valid and infringed but the registered designs were invalid. The Patents Safestand's patents were  UK Patent No...

Jane Lambert Chancery Division (Lord Justice Arnold)  Sky Plc and others v Skykick UK Ltd and another [2020] EWHC 990 (Ch) (29 April 2020) On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. ("Sky") issued proceedings against Skykick UK Ltd and Skykick Inc.("Skykick") for infringement of their EU and UK trade marks and passing off.  Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith. The Proceedings The action and counterclaim came on for trial before Mr Justice Arnold as he then was.  In   Sky Plc and others v Skykick UK Ltd and another   [2018] EWHC 155 (Ch), [2018] ETMR 23, [2018] RPC 5 the learned judge dismissed the claim for passing off but took the view that the trade marks would be in...

Jane Lambert Court of Appeal (Lord Justices Floyd and Lewison) Mexichem UK Limited v Honeywell International Inc . [2020] EWCA Civ 473 (1 April 2020) This was an appeal by the defendant company against Judge Hacon's refusal in Mexichem UK Ltd v Honeywell International Inc, 2019 WL 06877912 (2019) to strike out, or grant summary judgment in respect of, the claimant's application for an Arrow declaration. In Missed! Arrow Declarations - Pfizer v Hoffmann La Roche 5 Aug 2019 I described an "Arrow declaration" as "a declaration that a product or process was known or obvious at a particular date and therefore could not fall within the claims of a patent." They take their name from the judgment in Arrow Generics Ltd and another v Merck & Co, Inc [2008] Bus LR 487, [2007] FSR 39, [2007] EWHC 1900 (Pat) but they derive from the much older "squeeze" case of Gillette Safety Razor Co v Anglo-American Trading Co Ltd. (1913) 30 RPC 465. The ...