NIPC Law

Author Judicial Office Licence CC BY-SA 4.0   Source   Wikimedia Commons    Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Engineer AI Global Ltd v Appy Pie Ltd and another   [2024[ EWHC 1430 (IPEC) 19 June 2024 This was the trial of an action for trade mark infringement and a counterclaim for invalidation of the claimant's marks.  The claimant offers software platforms that enable users with no programming skills to develop applications without coding through graphical user interfaces.  It carries on business as "Builder AI" over a website at https://www.builder.ai/. The first defendant is an English company that is owned and directed by Shagun Gupta. That lady is the wife of Abhinav Girdhar, a partner of the second defendant Appy Pie LLP which is incorporated in India.  The second defendant also helps users without programming expertise to develop applications through its website at https:/...

Molly (x) 2020 Jane Lambert: all rights reserved Jane Lambert   Chancery Division, Intellectual Property List  (James Pickering KC) Gibraltar (UK) Ltd and another v Viovet Ltd   [2024] EWHC 777 (Ch) "Comparative advertising" is defined by reg 2 (1) of The Business Protection from Misleading Marketing Regulations 2008 (SI 2008 No 1276) as "advertising which in any way, either explicitly or by implication, identifies a competitor or a product offered by a competitor."  The same regulation defines "advertising" is "any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product." That form of advertissing was prohibited by s.4 (1) of the Trade Marks Act 1938  following the Court of Appeal's judgment in  Bismag Ltd v Amblins (Chemists) Ltd.  [1940] Ch 667, [1940] 2 All ER 608, 109 LJ Ch 305, 57 RPC 209, 84 Sol Jo 381, 163 LT 127, 56 TLR 721.  The 1938 Act ...