NIPC Law

Aerial View of the AFG Museum in Buffalo, New York Author BuffaloAKG14222   Licence CC BY-SA 4.0   Source Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Mr David Stone sitting as a deputy judge of the High Court) Martin and Another v Bodegas San Huberto SA and others [2025] EWHC 1827 24 July 2025 This was a claim for copyright infringement and passing off. The work in which copyright was claimed was a black and white line wall drawing by the first claimant, Shantell Martin MBE which filled one end of the sculpture court of the Buffalo AKG Art Museum .  The transcript of Mr David Stone's judgment in this case refers to the "SKG Museum" in two places in the second paragraph.  That appears to be an error because there is an AKG Museum in Buffalo, New York named after its benefactors John J. Albright ,  Seymour H. Knox II , and Jeffrey Gundlach , but the only museums that showed up on a Google search of "SKG Museum" were in Thessaloniki...

© 2021 Jane Lambert All rights reserved   Jane Lambert Intellectual Property Enterprise Court (David Stone) Thurgood v Laight and another   [2024] EWHC 2947 (21 Nov 2024) This was an action for passing off ,  The claimant, Laura Thurgood ("Ms Thurgood"), carried on a dog grooming business near Birmingham in the name or style of WASH WIGGLE & WAG. The first defendant, Danielle Laight ("Ms Laight"), worked in that business until May 2020 when she fell out with Ms Thurgood.  She incorporated the second defendant in the name of Wash Wiggle & Wag Ltd , on 29 May 2020 and registered <washwigglewag.co.uk> as a domain name.  Ms Laight and her company began to trade under that appellation. Ms Thurgood complained that her business had declined considerably in June and July 2020.  She abandoned her WASH WIGGLE & WAG brand in September 2020. Procedural History Ms Thurgood issued proceedings against Ms Laight and her company out of the Queen's Bench D...

Author  Basher  Eyre  Licence  CC BY-SA 2.0   Source  Wikimedia Commons   Intellectual Property Enterprise Court (HH Judge Melissa Clarke) PSN Recruitments Ltd  v Ludley and another [2023] EWHC 3153 (IPEC) (8 Dec 2023) This was a claim by PSN Recruitment Ltd (trading as Cosmopolitan Recruitment ("Cosmopolitan") against its former employee, Graeme Ludley ("Mr Ludley").   Mr Ludley had emailed to himself particulars of Cosmopolitan's clients. set up a Greenscape Specialist Recruitment Ltd ("Greenscape") as a competing business and told Cosmopolitan's clients that he was still working for the same employer but from a different location and under a different corporate name.  Cosmopolitan sued Mr Ludley and the company for breach of confidence and passing off  in the Intellectual Property Enterprise Court ("IPEC") . Their defence to the breach of confidence claim was that the information was easily obtainable from trade publicatio...

"What's in a Name?" By John Massey Wright - Folger Shakespeare Library Digital Image Collection http://luna.folger.edu/luna/servlet/s/8msouv, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=40859850   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) Alyssa Smith Jewellery Ltd v Alisa Goodstone t/a Alyssa Jewellery Desig n [2021] EWHC 1482 (IPEC) (9 June 2021) This was an action for passing off . The claimant is a company that designs, produces and sells jewellery. It is named after its founder and sole director, Ms Alyssa Smith. The defendant is also a jewellery designer.  Her first name is Alisa but she trades as "Alyssa Jewellery Design" (one of "the Defendant's Signs")  As the learned recorder, Amanda Michaels, noted in the first paragraph of her judgment, these proceedings arise out of the defendant's adoption of the trading name 'Alyssa Jewellery Design' for her own jewellery business. Th...