NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Baker, Arnold and Nugee)  Lifestyle Equities CV and others v Royal County of Berkshire Polo Club Ltd and others  [2024] EWCA Civ 814 (22 July 2024) This was the claimants' appeal against Mr Justice Mellor's order in  Lifestyle Equities CV and Anotherr v Royal County of Berkshire Polo Club Ltd and others (Rev1) [2023] EWHC 1839 (Ch) (19 July 2023).  By that judgment, Mr Justice Mellor dismissed the claimants' claim for trade mark infringement and passing off.  The appeal came on before Lords Justices Baker, Arnold and Nugee on 9 July 2024.  The hearing was filmed and may be viewed on the Court of Appeal's YouTube channel ( morning  and afternoon ). At the end of the oral proceedings, the Court of Appeal said that it would dismiss the appeal.  Lord Justice Arnold with the agreement of Lords Justices Baker and Nugee delivered their reasons in  Lifestyle Equities CV and others v Royal County of...

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Lifestyle Equities CV and another v Hornby Street (MCR) Ltd and others [2020] EWHC 3320 (IPEC) (30 Nov 2020) The first claimant has registered the following sign in the EU and UK as trade marks for clothes and various other goods. The second claimant is its exclusive licensee. They have brought proceedings in the Intellectual Property Enterprise Court ("IPEC")  alleging trade mark infringement and passing off arising from the use of the following mark in the UK: Disputes had arisen between the previous owners of the Beverly Hills mark and the registered proprietor of the Santa Barbara mark,  These were settled in 1997 by a co-existence agreement which was governed by California law.  Clause 7 of that agreement contained the following provision: "Any controversy, dispute or claim with regard to, arising out of, or relating to this Agreement, including but not limited to its scope or meaning, breach,...