NIPC Law

The Commodores in Hallandale, Florida in the 1990s Author:  Carl Lender , Licence: CC BY-SA 3.0 . Source: Wikimedia Commons Jane Lambert Business and Property Division (Mr Justice Richards) F ifth Avenue Entertainment LLC v Commodore Entertainment Corporation [2026] EWHC 2730 (Ch) (23 Oct 2026) This was an appeal by Fifth Avenue Entertainment LLC ("Fifth Avenue") against the decision  of the hearing officer, Mr Allan James, on 20 March 2025 to dismiss Fifth Avenue's application to register THE COMMODORES as a UK trade mark for goods in class 9 and services in class 41 under s.5 (4) (a) and s.3 (6)  of the Trade Marks Act 1994.  The appeal came before Mr Justice Richards on 7 Oct 2026.  The learned judge gave judgment on 23 Oct 2026 (see Fifth Avenue Entertainment LLC v Commodore Entertainment Corporation [2026] EWHC 2730).  By para [103] of that judgment, his lordship dismissed the appeal. Background "The Commodores" or "Commodores"  are a US...

  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...