Posts

Showing posts with the label cost benefit

Practice - Ocean On Land Technology (UK) Ltd and Another v Land and Others

Image
Lobster Author Bart Btaun   Licence Public Domain   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court  (Pat Treacy)  Ocean On Land Technology (UK) Ltd and Another v Land and Others [2024] EWHC 396 (IPEC) (4 March 2024) On 16 Jan 2024, Ms Pat Treacy, sitting as a deputy judge of the High Court, heard the following applications in an action for breach of contract and patent and trade mark infringement. The claimants applied to strike out certain paragraphs of the first and second defendants' witness statements.  Alternatively, they sought permission to reply to those paragraphs if those passages were not struck out. The defendants also sought permission to adduce additional evidence in reply to one of the claimants' witness statements.  Ms Treacy handed down her judgment in   Ocean On Land Technology (UK) Ltd and another Land and other s [2024] EWHC 396 (IPEC) on 4 March 2024. The Litigation The first and second d...

Practice - MCPS v Made TV

Image
Royal Courts of Justice Author Aurelian Guichard   Licence CC BY-SA Deed   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Recorder Michaels )  Mechanical-Copyright Protection Society Ltd and another v Made Television Ltd and others [2024] EWHC 405 (IPEC) (29 Feb 2024) This was an application by the defendants to a debt recovery and copyright infringement claim for permission to file and serve an Amended Defence and Counterclaim. The claimants offered to consent to amendments to the Defence but not to the launch of a counterclaim.  The application was heard by Recorder Michaels at a case management conference on 21 Feb 2024.  The recorder handed down her judgment on 29 Feb 2024. The claimants referred the recorder to CPR 17.1 (2) (b) , CPR 20.4 (2) (b ) and paras [40] to [42] of Lady Justice Asplin's judgment in Elite Property Holdings Ltd and Another v Barclays Bank Plc [2019] EWCA Civ 2212: "[40] …it is important to bear ...

Practice - Wise Payments Ltd v With Wise Ltd. and others

Image
Jane Lambert Intellectual Property Enterprise Court (Ms. Pat Treacy)  Wise Payments Ltd v With Wise Ltd and other s [2024] EWHC 234 (IPEC) (9 Feb 2024) This was a case management conference before Ms Pat Treacy sitting as a deputy Enterprise Judge in an action for trade mark infringement and passing off and a counterclaim by the first defendant for passing off.  One of the issues to be decided in the CMC was whether Kristo Käärmann, Taavet Hinrikus and Dean Nash should be joined as defendants to the first defendant's counterclaim. Mr  Käärmann and Mr Hinrikus had founded the claimant company.  Mr Käärmann was the chief executive officer and a director of the claimant.  Mr Hinrikus had been the claimant's chairman and a director.  Mr Nash had been its secretary and general counsel. The first defendant brought its application to join Messrs Käärmann, Hinrikus and Nash under CPR20.5 , It also applied for permission to amend its defence and counterclaim...