NIPC Law

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 ...

  Jane Lambert Court of Appeal (The Lord Chief Justice of England and Wales and Lords Justices Arnold and Nugee)  Match Group, LLC and others s v Muzmatch Ltd and another [2023] EWCA Civ 454 (27 April 2023) This was an appeal against the decision of Mr Nicholas Caddick QC that the defendants had infringed the claimants' trade marks and were liable for passing off (see  Match Group LLC  and others v Muzmatch Ltd and another    [2022] EWHC 941 (IPEC)).   The claimants were members of the Match Group which operates a worldwide online dating service. The first defendant ran an online dating service for Muslims that was formerly known as MUZMATCH but is now called MUZZ.  The second defendant was the founder of the first defendant and its CEO. I discussed Mr Caddick's judgment in Trade Marks and Passing off: Match Group, LLC v Muzmatch Ltd   on 1 Oct 2022. The claimants' marks are set out in a table in my previous article. They objected ...

Saint Barthélemy Author Starus   Licence CC-BY-SA 3.9   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell) Easygroup Ltd and others v Easyway SBH and another (Rev1) [2021] EWHC 2007 (IPEC) (22 July 2021) Saint Barthélemy is a small French possession in the West Indes.  Easyway SBH is a company incorporated in the territory which runs a meet and greet service on the island that has included flight booking and arranging car hires.  All its services are performed on Saint Barthélemy but it has a website in English that is used by travel agents and individuals from the UK. The company corresponded with enquirers who approached it through the website.  Stephane-Michel Roche, the company's founder, director owner of 60% of its shares, estimated that between 200 and 250 of Easyway's customers were British and they constituted some 3% of its business. Despite their remoteness from the UK and even though all ...

I mentioned Eli Lilly's claim against Canada for compensation under art 1110  of the North American Free Trade Agreement ( "NAFTA" ) in  Bilateral Investment Treaties: Claiming Compensation from Foreign Governments under Bilateral Investment Treaties for failing to provide adequate IP Protection   27 July 2013 and  Bilateral Investment Treaties: Eli Lilly and Co. v Government of Canada   2 Jan 2014 as well as my article  " Bilateral Investment Treaties: A Remedy for SME? " which was published in Issue 12 of Volume 35 of the European Intellectual Property Review on page 759. Following Eli Lilly's Notice of Arbitration   which I mentioned in January the parties appointed Professor Albert Jan van den Berg , Mr Gary Born and  Sir Daniel Bethlehem KCMG, QC  as arbitrators. Eli Lilly designated its Notice of Arbitration as its statement of claim by a letter from its lawyers dated 14 May 2014.  The arbitrators have made ...