NIPC Law

© Kameraprojekt Graz 2015 / Wikimedia Commons / CC BY-SA 4.   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Tipping v Smith [2026] EWHC 1855 (22 July 2026) In  Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another   30 Aug 2026, I explained that claimants in intellectual property cases whose rights have been infringed have "the choice of   seeking damages (compensation for the loss or damage that they sustained as a result of the infringements) to be assessed in proceedings known as 'an inquiry as to damages' or the surrender of any profits that the defendants had obtained from the infringements assessed in proceedings known as an 'account of profits.'"   Although Judge Melissa Clarke, who heard  Tipping v Smith   [2026] EWHC 1855, called the proceedings a "quantum trial" they were also an inquiry as to damages.  Cause of Action An important difference between  Fendi It...

Tapioca Pearls Author Lars Plougmann   Licence CC BY-SA 2.0   Source Wikimedia   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Duadata Ltd v Tian Cha Le Ltd . [2026] EWHC 1055 (IPEC) (8 May 2026) This was an inquiry as to damages for passing off.   The claimant operated a nationwide chain of bubble tea  shops and franchises under the Mooboo brand. Bubble tea is a beverage that contains small chewy tapioca balls and various flavourings of different kinds.  A company owned and operated by one Qin Lin held a Mooboo franchise for Gateshead between 8 April 2021 and 23 Jan 2024.  On 22 Aug 2023, Ms Lin incorporated the defendant which began to operate a bubble tea outlet in Gateshead adopting a similar menu design, products, drinks, recipes and prices to the claimant's.  The claimant sued the defendant for passing off on 24 May 2024. The Order The defendant did not defend the claim and the claimant obtained a default ...

Horse's Eye Author  Waugsberg   Licence   CC BY-SA 3.0   Sourc e  Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) E quisafety Ltd v Battle, Hayward and Bower Ltd     2023] EWHC 1821 (IPEC) (21 July 2023) and  Equisafety Ltd v Battle, Hayward and Bower Ltd and another [2024] EWHC 283 (IPEC) (15 Feb 2024) I n  Practice - Lufthansa Technik AG v Panasonic Avionics Corporation  on 10 Nov 2023 I said that proceedings in the Chancery Division take place in two stages. First, there is a trial to determine whether the defendant is liable to the claimant, If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages. An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant. An inquiry as to damages is a determ...

Lufthansa's Head Offices in Deut z-Cologne  Author Duhon   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lady Justice King and Lords Justices  Newey and Birss)  Lufthansa Technik AG v Panasonic Avionics Corporation and others [2023] EWCA Civ 1273 (1 Nov 2023) Proceedings in the Chancery Division take place in two stages.  First, there is a trial to determine whether the defendant is liable to the claimant,  If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages.  An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant.  An inquiry as to damages is a determination of the injury, loss or damage that the claimant has suffered as a result of the defendant's wrongdoing and an order for payment to the claimant.  A cl...

Rolls Building Author  Boggling2019   Licence  CC BY-SA 4.0   Source  Wikimedia Commins Jane Lambert On 1 Oct 2010, the Patents County Court was overhauled by a new set of rules and practice directions which I discussed in New Patents County Court Rules   on 31 Oct 2010.  One of the main planks of the new rules was that the costs that could be recovered in an action before that court were to be limited to £50,000 for the trial and £25,000 for an account of profits and an inquiry.  The costs for steps in the litigation were also capped by a scale that I mentioned in my article. The Patents County Court was abolished by the Courts and Crime Act 2013 and replaced by the Intellectual Property Enterprise Court ("IPEC") (see Jane Lambert  What does the Intellectual Property Enterprise Court mean for Litigants in the North West?   12 Oct 2013 IP Northwest ). The new court inherited the rules and practices of the Patents County Court including ...

Ceric Oxide Author  Walkerma  Reproduced with kind permission of the copyright owner C   Jane Lambert Patents Court (Mr Justice Mellor) A nan Kasei Co. Ltd and another  v Neo Chemicals & Oxides (Europe) Ltd and another [2021] EWHC 2825 (Pat) (22 Oct 2021) This was a dispute over the terms on which documents containing confidential information relating to the business of the claimants and to two of their trading partners ("Party A" and "Party B") could be disclosed to the defendants.  Those documents were: I. a single (electronic) document called the corrected Sales CM Report that had hitherto been provided to the defendants on an External Eyes Only (EEO) basis. II. a category of documents comprising the claimants' extended disclosure that had also been supplied to the defendants on an EEO basis. III. a Supply & Purchase Agreement made between the claimants and Party A IV. the Party A Licence Agreement, Amendment #1 to the Supply & Purchase Agr...