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Showing posts with the label exhaustion of rights

The Appeal in AGA Rangemaster Group Ltd v UK Innovations Group Ltd

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By Rbirkby at English Wikipedia - Photo taken by rbirkby on en:26 July en:2006 (Transferred from en. wikipedia to Commons by Holger.Ellgaard.), CC BY 2.5, https://commons.wikimedia.org/w/index.php?curid=3736830 Jane Lambert Court of Appeal (Sir Colin Birss, Chancellor, Lord Justice Arnold and Lady Justice Falk)  AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622 (15 Dec 2025) This was an appeal by UK Innovations Group Ltd. ("UKIG") against the judgment of Mr Nicholas Caddick KC in    AGA Rangemaster Group Ltd v UK Innovations Group Ltd and another [2024] EWHC 1727 (IPEC) on 8 July 2024 that UKIG had infringed trade marks held by  AGA R a ngemaster Group Ltd ("ARG") .  There was also a cross appeal by ARG against the dismissal of its claim for copyright infringement.  I discussed Mr Caddick's judgment in  Trade Marks and Copyright - AGA Rangemaster Group Ltd v UK Innovations Group Ltd . on 18 July 2024.  The appeal cam...

The Battle of Revolax - Fox Group International Ltd v Teleta Pharma Ltd.

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Author  August Malmström Copyright Expired Source    Wikimedia Commons     Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Fox Group International Ltd v Teleta Pharma Ltd [2021] EWHC 1714 (IPEC) (23 June  2021)   There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler  manufactured by the Korean company  Across Co., Ltd  ( "Across" ) which Fox Group International Ltd. ( "Fox" ) enjoyed the exclusive right to distribute in the UK. Notwithstanding a clause in Fox's distribution agreement recognizing that "trademarks, trade names, designs, copyright and other property rights included in the product possess are the unique property of [Across]" and making clear that Fox did not have or acquire any rights, title or interest in that property, Fox applied to register REVOLAX as a UK tr...

Trade Marks and Passing off - Nomination Di Antonio E Paolo Gensini SNC v Brealey and Another

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Jane Lambert Intellectual Property Enterprise Court (Judge Hacon) Nomination Di Antonio E Paolo Gensini SNC and another v Brealey and another (t/a JSC Jewellery) [2019] EWHC 599 (13 March 2019) This was an action for trade mark infringement and passing off. The Claimants The first claimants are an Italian partnership dealing in charm bracelets.   The second is an Italian company that markets those bracelets.  The judge referred to the claimants collectively as "Nomination."   The second claimant advertises the  bracelets  in the UK on its website at www.nomination.com. Judge Hacon, who tried the action, called one of those products as a "composable bracelet" at paragraph [7] of his judgment. and described it as follows: "It consists of individual links, measuring about 10 x 9mm, which may be detached from each other and relinked in any order to the taste of the wearer. These include what were called 'base links', which are ma...