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Showing posts with the label counterclaim

Trade Marks and Passing Off - Dryrobe Ltd v Caesr Group Ltd.

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Jane Lambert Intellectual Property Enterprise Court  (HH Judge Melissa Clarke) Dryrobe Ltd v Caesr Group Ltd    [2025] EWHC 3167 (IPEC) (4 Dec 2025) This was an action for trade mark infringement and passing off and a counterclaim for revocation or, alternatively, invalidation of the trade marks in suit. Dryrobe The claimant was a private company incorporated with limited liability under the Companies Act 2006 , in the name of  Dryrobe Limited ("Dryrobe") , with  company number 08782079.  Dryrobe makes and sells outdoor clothing products under the brand name DRYROBE.  Its most popular product is the Dryrobe Advance changing robe shown in the above photograph. The Marks Dryrobe is the registered proprietor of the following British trade marks: Number Mark Filing Date Registration Date Goods UK00003001195 DRYROBE 9 Apr 2013 19 Jul 2013 Class 25 "Changing robes" "waterproof and windproof robes" "robes, gowns and capes of towelling material" "be...

Patents - Jeff Gosling Ltd v Autochair Ltd

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Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacom) J eff Gosling Ltd. v Autochair Ltd,   [2025] EWHC 1687 (IPEC) 8 July 2025 The Parties Jeff Gosling Ltd. ("JGL")  installs a range of boot hoists used to load a wheelchair or scooter into the boot of a saloon car or the rear of a hatchback, van or estate car.  One of those products is known as an  "Apex Assist" hoist . A diagram of that product taken from its fitting instructions appears above.   Autochair Ltd . ("Autochair") also supplies a range of hoists that load and unload wheelchairs, mobility scooters and power chairs from vehicles.  That company is the proprietor of  European Patent No. 2 578 197 B1  (‘the Patent’) for a hoist for loading and unloading an item into and out of the load-carrying space of a vehicle such as the boot of a car.  Declarations of Non-Infringement S.71 of the Patents Act 1977 provides a procedure by which a party who fears that an ...