NIPC Law

Jane Lambert   Intellectual Property Enterprise Court (HH Judge Hacon)  P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) (27 Feb 2025) This was a claim by Prevayl Innovations Ltd ("Prevayl") against Whoop Inc ("Whoop") for the infringement of UK patent  GB 2 589 947 ('the patent'). and a counterclaim by Whoop for a declaration of invalidity of the patent on the grounds of  anticipation and obviousness.  The action and counterclaim were tried by HH Judge Hacon on 20-21 Jan 2025.  By para [95] of his judgment in P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) which he delivered on 27 Feb 2025, the learned judge held the patent was invalid for lack of an inventive step.  He added that had it been valid it would have been infringed. The Invention The invention for which the patent was granted was a "bra garment and method,"  Judge Hacon described it as a type of bra which incorporates technology that measures biosigna...

Author J.P.Lon-Commonswiki   Public Domain   Source Wikimedia Commons Jane Lambert Chancery Division (Tom Mitcheson KC)    Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab [2024] EWHC 2311 (Ch) (9 Sept 2024) In Geographical Indications ,  I wrote that signs that are used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin may be protected by  collective and certification marks .   An example of a collective mark is HALLOUMI which was registered by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi ("the Foundation") with effect from 22 Feb 1999 under trade mark number  UK901082965 .  The Foundation is an association of producers dedicated to the promotion of halloumi which is the traditional cheese of Cyprus. The Application Fontana Food AB  ("Fontana") is a Swedish c...

  Jane Lambert Chancery Division (Mrs Justice Bacon) easyGroup Ltd v Beauty Perfectionists Ltd and other s [2024] EWHC 1441 (Ch) (13 June 2024) This was an action for trade mark infringement and a counterclaim for partial revocation of one of the claimant's marks. The proceedings began on 5 March 2020 after the UK had left the EU but while EU law continued to apply in the UK in accordance with art 127 (1) of the agreement for the withdrawal of the UK from the EU . The action and counterclaim came on for trial before Mrs Justice Bacon sitting as an EU trade marks court between 13 and 15 and 19 and 20 March and 11 June 2024. She handed down her judgment on 13 June 2024 (see  easyGroup Ltd v Beauty Perfectionists Ltd and others [2024] EWHC 1441 (Ch)). By para [173] of her judgment, she held that the defendants' signs did not infringe under art 9 (2) (b) or (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade...