NIPC Law

  Jane Lambert Intellectual Property Enterprise Cour t (Recorder Amanda Michaels) Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) This was a claim for trade mark infringement and  passing off , and a counterclaim for trade mark invalidation and passing off. The action and counterclaim were tried by Recorder Amanda Michaels between 14 and 16 May 2025. These proceedings were unusual in that the trial lasted more than 2 days and there were more than the average number of interim applications.  I discussed two of those applications in  Practice - Wise Payments Ltd v With Wise Ltd. and others   on 22 Feb 2024.  Recorder Michaels handed down her judgment on the claim and counterclaim in  WISE Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) on 11 July 2025.  She found for each of the parties on particular issues of the claim and counterclaim. The Claimant The Claimant was Wise Payments Ltd ...

Senado Federal / CC BY (https://creativecommons.org/licenses/by/2.0) Jane Lambert Chancery Division (Daniel Alexander QC)  Planetart LLC and another v Photobox Ltd and another [2020] EWHC 713 (Ch) (25 March 2020) This was an action for trade mark infringement. passing of f and invalidation of one of the defendant's trade marks. The claimants were the Delaware company,  Planetart LLC , and its English subsidiary, Planetart Ltd .  Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd.  and Photobox Free Prints Ltd.  offer a service that is similar to the claimants'. The first claimant has registered the following as a UK trade mark for a range of goods and services in classes 9, 16, 40 and 42 under trade mark number  UK3393165  with effect from 17 April 2019: The defendants have used the fol...

Land Rover Defender Author Jacopo Prisco Licence Creative Commons Attribution-Share Alike  2.5 Generic Source Wikipedia Jane Lambert Chancery Division (Mrs Justice Rose) Jaguar Land Rover Ltd, v Twisted Automotive Ltd,   [2018] EWHC 3536 (Ch) This was an appeal by Jaguar Land Rover Ltd. against Louise White's decision in Re LR, Twisted Automotive Lt.d. v Jaguar Land Rover Ltd.   BL O/289/18  15 May 2018 to refuse that company's application to register the letters "LR" as a trade mark for various goods in class 12.  The application was filed on 23 Aug 2016 under trade mark number UK3191949. The Opposition By that application Jaguar Land Rover. applied to register those Letters for the following goods: "Motor land vehicles; parts and fittings for vehicles; engines for motor land vehicles; wheels for vehicles; alloy wheels; wheel trims; wheel rims; hub caps for wheels; hub centre caps; wheel covers; wheel sprockets; arm rest...

Jane Lambert Court of Appeal (Lady Justice Gloster and Lord Justices Patten and Richards)  Caspian Pizza Ltd and Others v Shah and Anothe r [2017] EWCA Civ 1874 (23 Nov 2017)   In  Caspian Pizza Ltd and Others v Shah and Another [2015] EWHC 3567 (IPEC) (9 Dec 2015) Judge Hacon dismissed a claim for trade mark infringement and passing off. The trade marks relied upon were the device mark that appears above and the word mark CASPIAN. The judge declared the word mark invalid because the defendants had run a restaurant called "CASPIAN" in another part of the country which constituted an "earlier right" within the meaning of s.5 (4) of the Trade Marks Act 1994. However, he did not declare the device mark invalid on the ground that the defendants had no goodwill in the running chef logo.   I blogged about the case in  Caspian Pizza Ltd and Others v Shah and Another   on 24 Jan 2016. The claimants appealed to the Court of Appeal against the inval...

Plentyoffish Media Inc. v Plenty More Llp  : [2012] RPC 5, [2011] EWHC 2568 (Ch), [2011] Info TLR 75, [2012] ECC 15 In PlentymoreFirsh BL 0/029/11 (1 Feb 2011), the hearing office Mr David Landau dismissed an application by Plentyoffish Media Inc . for the invalidation of UK trade mark number 2,453,920. The mark had been registered for dating services in class 47 with effect from 27 April 2007. The application was brought under s.47 of the Trade Marks Act 1994 on the ground that the applicant had an "earlier right" within the meaning of s.5 (4) of the Act. The applicant contended that it had run one of the world's largest on-line dating services under the sign "PLENTYOFFISH" since 2001. The hearing officer dismissed the application on the ground that the applicant was unable to prove that it had goodwill in the UK as at the date of application for the mark. "28) There is no need for a business to be based in the United Kingdom to have goodwill in...