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Showing posts with the label exception

Off the Scale Costs in IPEC- With Wise Ltd. v Wise Payments Ltd.

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Jane Lamber t Intellectual Property Enterprise Court (Recorder Amanda Michaels)  With Wise Ltd v Wise Payments Ltd (Formerly TransferWise Ltd ) [2025] EWHC 1809 (IPEC) (17 July 2025)   On 17 July 2025, I discussed Recorder Amanda Michaels's judgment in  Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) in Trade Marks - Wise Payments Ltd v With Wise Ltd.   In that article, I noted that those proceedings were unusual in that the trial in that action and counterclaim lasted more than two days and involved more than the average number of interim applications. One of those applications was brought by With Wise Ltd. and its directors for permission to amend their defence and counterclaim to seek the revocation of trade mark number UK3346396  for non-use under s.46 (1) (a) of the Trade Marks Act 1994.  The application was heard by His Honour Judge Hacon on 13 Dec 2024 (see  Wise Payments Ltd v With Wise Ltd and ot...

Interim Injunctions - the Appeal in AutoStore v Ocado

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Ocado Van Author  Tomjhpage   Licence  CC BY-SA 4.0   Source    Wikimedia   J ane Lambert Court of Appeal (Sir Geoffrey Vos MR, Lady Justice Nicola Davies and Lord Justice Nugee) AutoStore Technology AS v Ocado Group Plc and other [ 2021] EWCA Civ 1003 (7 July 2021) This was an appeal by Ocado Plc, its subsidiaries and Tharsus Group Ltd from the decision of Judge Hacon in  Autostore Technology AS v Ocado Group Plc and others [2021] EWHC 1614 (Pat) (11 June 2021) not to restrain AutoStore Technology AS from disclosing to the US International Trade Commission a document marked "CONFIDENTIAL & WITHOUT PREJUDICE PROVIDED FOR PURPOSES OF SETTLEMENT NEGOTIATIONS ONLY." I discussed Judge Hacon's decision in  Interim Injunctions - AutoStore Technology AS v Ocado Group Plc   on 14 July 2021,  I explained the reason for the dispute as follows: "In the proceedings before the Commission, AutoSrore alleged that Ocado had infringed several ...

Freezing Injunctions - Organic Grape Spirit Ltd v Nueva IQT, SL

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By fir0002flagstaffotos [at] gmail.com C anon 20D + Sigma 150mm f/2.8 - Own work, GFDL 1.2 ,  Jane Lambert Court of Appeal (Lord Justices David Richards, Newey and Arnold)  Organic Grape Spirit Ltd v Nueva IQT, S L [2020] EWCA Civ 999 (28 July 2020) An order to restrain disposal of assets worldwide and within England and Wales is called a "freezing injunction." An example of such an injunction can be found in the Annex  to Practice Direction 25A - Interim Injunctions.   Before the Civil Procedure Rules came into force, freezing injunctions were called "Mareva Injunctions" after  Mareva Compania Naviera SA v International Bulkcarriers SA (The Mareva)   [1975] 2 Lloyd’s Rep 509, [1980] 1 All ER 213.  In that case, Lord Denning MR said: "If it appears that the debt is due and owing, and there is a danger that the debtor may dispose of his assets so as to defeat it before judgment, the court has jurisdiction in a prop...