Posts

Showing posts with the label copying

Branding - Courtenay-Smith v The Notting Hill Shopping Bag Company Limited

Image
Portobello Road, Notting Hill By Papertree at English Wikipedia - Originally from en. Wikipedia; description page is/was here. Original uploader was Papertree at en. wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=3073800   Jane Lambert Intellectual Property Enterprise Court (Master Kaye sitting as a Deputy High Court Judge) C ourtenay-Smith and another v The Notting Hill Shopping Bag Company Limited and others    [2025] EWHC 1793 (IPEC) (18 July 2025) This was a claim for copyright and trade mark infringement and passing off and a counterclaim for revocation and invalidation of the second claimant's trade mark.  The action and counterclaim came on for trial before Master Kaye  sitting as a deputy judge of the High Court on 7 and 8 April 2025.   The learned master handed down her judgment in  C ourtenay-Smith and another v The Notting Hill Shopping Bag Company Limited and others    [2025] EWHC 1793 on 18 July 202...

Unregistered Design Rights: Edwards v Boohoo.com UK Ltd and others

Image
Author Hugh Venables    Licence CC BY-SA 2. 0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr Tom Mitcheson KC) Edwards v Boohoo.com UK Ltd and other s  [2025] EWHC 805 (IPEC) (3 Apr 202 5) This was an action for unregistered design right infringement. The claimant was Sonia Edwards, a fashion designer who promoted her work on Instagram, Facebook, CwtchyCwtchy, and other websites. CwtchyCwtchy seems to be derived from the Welsh word "cwtch" , which can be translated roughly as "hug". Ms Edwards complained that Boohoo.com UK Limited and its related companies ("Boohoo") infringed design rights in five of her designs by making and selling clothes to those designs. The action was tried by Mr Tom Mitcheson KC sitting as a deputy judge of the High Court on 30 and 31 Jan 2025. He handed down judgment on 3 April 2025. By para [151] of his judgment in Edwards v Boohoo.com UK Ltd and others [2025] EWHC 805 (IPEC) (3 April...