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Showing posts with the label distinctiveness

Trade Marks - Shorts International v Google

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  Jane Lambert Court of Appeal (Sir Colin Birss, Chancellor, Lord Justice Stephen Phillips and Lady Justice Falk) Shorts International Ltd v Google LLC [2026] EWCA Civ 668 (25 May 2026) This was an appeal by Shorts International Ltd. ("Shorts") against the order of Michael Tappin KC sitting as a deputy judge of the High Court following his judgment in  Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 Oct 2024).  There was also a cross-appeal by Google LLC ("Google").  The appeal and cross-appeal came before the Chancellor, Sir Colin Birss, Lord Justice Stephen Phillips and Lady Justice Falk on 10 and 11 March 2026.  They handed down their judgment in Shorts International Ltd v Google LLC [2026] EWCA Civ 668 on 25 May 2026. the late Spring Bank Holiday.   The Marks Shorts is the registered proprietor of the following marks for goods and services in classes 9, 38, and 41: It also registered the word SHORTSTV as a trade mark for goods a...

Trade Marks - Wang Zeng International Ltd v Bing Bing Foods Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)   Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 (IPEC) (20 Feb 2026) This was an action for trade mark infringement and a counterclaim for revocation or invalidation of the claimant's marks.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 17 and 18 Nov 2025.  By para [122] of her judgment in  Wang Zeng International Ltd v Bing Bing Foods Ltd and Others [2026] EWHC 360 (IPEC), which she handed down on 20 Feb 2026, the learned judge dismissed the counterclaim and found for the claimant on the claim. The Parties The claimant and first defendant were private companies incorporated in England and Wales with limited liability. In her judgment, Judge Melissa Clarke sometimes referred to the claimant as WZI ("Wang Zeng International Limited") and the first defendant as BBF (" Bing Bing Foods Limited" ).  ...

Trade Marks: Lifestyle Equities v Royal County of Berkshire Polo Club

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  Jane Lambert Court of Appeal (Lords Justices Baker, Arnold and Nugee)  Lifestyle Equities CV and others v Royal County of Berkshire Polo Club Ltd and others  [2024] EWCA Civ 814 (22 July 2024) This was the claimants' appeal against Mr Justice Mellor's order in  Lifestyle Equities CV and Anotherr v Royal County of Berkshire Polo Club Ltd and others (Rev1) [2023] EWHC 1839 (Ch) (19 July 2023).  By that judgment, Mr Justice Mellor dismissed the claimants' claim for trade mark infringement and passing off.  The appeal came on before Lords Justices Baker, Arnold and Nugee on 9 July 2024.  The hearing was filmed and may be viewed on the Court of Appeal's YouTube channel ( morning  and afternoon ). At the end of the oral proceedings, the Court of Appeal said that it would dismiss the appeal.  Lord Justice Arnold with the agreement of Lords Justices Baker and Nugee delivered their reasons in  Lifestyle Equities CV and others v Royal County of...