NIPC Law

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Marks and Spencer Plc v Aldo Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 This was a claim for the infringement of the following registered designs: 6134278   6134280   6134282   6134284 , and  6134276 . The designs were registered on 29 April 2021 by Marks and Spencer Plc ("M&S"). M&S complained that Aldi Stores Ltd ("Aldi") had infringed those registered designs by marketing and selling gin liqueurs in the following  bottles from Nov 2021: The action came on for trial before His Honour Judge Hacon on 16 Dec 2022 who delivered judgment on 31 Jan 2023.  The last of the 5 designs was not pursued.   At para [84] of his judgment, the learned judge concluded that the marketing of those gin liqueur products infringed the first 4 registered designs ( Marks and Spencer Plc v Aldi Stores Ltd . [2023] EWHC 178 (IPEC)). Legislation Judge Hacon noted that the Registere...

           Jane Lambert Chancery Division ( Mr David Stone) Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021) This was an action for infringement of unregistered design right and unregistered Community designs  and passing off .  The designs in question were of women's garments in the bodycon and bandage styles. The action came on for trial before Mr David Stone on various dates between 30 Nov and 21 Dec 2020. In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) which he handed down on 24 Feb 2021 he found that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs but they had not passed off their business as or for the claimants', Following his judgment, there were further hearings on the terms of the minute of order, whether garments in different colourways infringed...

There are often a lot of cases brought by the fashion trade or toy or novelty manufacturers in the run up to Christmas. There don't seem to have been all that many this year judging by the Chancery Division cause list and the Patent Court and Intellectual Property Enterprise Court ( "IPEC" ) diaries. However, there has been a case about ice cream or rather ice cream vans. In Whitby Specialist Vehicles Ltd. v Yorkshire v Yorkshire Specialist Vehicles Ltd   [2014] EWHC 4242 (Pat) the biggest manufacturer of ice cream vans in the UK sued one of its competitors or unregistered Community design, design right and trade mark infringement. The trial took place in the Patents Court on the 10, 12-14, 20 Nov 2014 and judgment was delivered on the 17 Dec 2014. Usually actions of this kind proceed in IPEC where trials are limited to two days and costs are capped at £50,000 for the trial on liability and £25,000 for ...

On 9 July 2012 HH Judge Birss QC, sitting as a judge of the High Court, held in Samsung Electronics (UK) Ltd v Apple Inc . [2012] EWHC 1882 (Pat) that Samsung's Galaxy 10.1, 8.9 and 7.7 tablet computers  did not infringe Apple Inc.'s Community design number 000181607-0001 . I discussed that judgment in this blog in " Apple v Samsung - Compare and Contrast" on 28 Aug 2012. A few days afterwards in  Samsung Electronics (UK) Ltd v Apple Inc (No. 2) [2012] EWHC 2049 (Pat) (18 July 2012) Judge Birss ordered Apple to display the following notice on the home page of their website and in advertisements in the national press: "On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyper...