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Showing posts with the label issues

Trade Marks - Wang Zeng International Ltd v Bing Bing Foods Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)   Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 (IPEC) (20 Feb 2026) This was an action for trade mark infringement and a counterclaim for revocation or invalidation of the claimant's marks.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 17 and 18 Nov 2025.  By para [122] of her judgment in  Wang Zeng International Ltd v Bing Bing Foods Ltd and Others [2026] EWHC 360 (IPEC), which she handed down on 20 Feb 2026, the learned judge dismissed the counterclaim and found for the claimant on the claim. The Parties The claimant and first defendant were private companies incorporated in England and Wales with limited liability. In her judgment, Judge Melissa Clarke sometimes referred to the claimant as WZI ("Wang Zeng International Limited") and the first defendant as BBF (" Bing Bing Foods Limited" ).  ...

Copyright and Passing off - Martin and Another v Bodegas San Huberto and Others

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Aerial View of the AFG Museum in Buffalo, New York Author BuffaloAKG14222   Licence CC BY-SA 4.0   Source Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Mr David Stone sitting as a deputy judge of the High Court) Martin and Another v Bodegas San Huberto SA and others [2025] EWHC 1827 24 July 2025 This was a claim for copyright infringement and passing off. The work in which copyright was claimed was a black and white line wall drawing by the first claimant, Shantell Martin MBE which filled one end of the sculpture court of the Buffalo AKG Art Museum .  The transcript of Mr David Stone's judgment in this case refers to the "SKG Museum" in two places in the second paragraph.  That appears to be an error because there is an AKG Museum in Buffalo, New York named after its benefactors John J. Albright ,  Seymour H. Knox II , and Jeffrey Gundlach , but the only museums that showed up on a Google search of "SKG Museum" were in Thessaloniki...

Costs - Price v Flitcraft

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Author Pierre Adolphe Valett e   Jane Lambert Patents Court (Nicholas Caddick KC)  Price and others v Flitcraft Ltd and other s [2023] EWHC 695 (Pat) (3 April 2023) I discussed Nicholas Caddick KC's judgment in  Price and others v Flitcraft Ltd and other s [2022] EWHC 3381 (Pat) (20 Dec 2022) in Patents, Copyright and Passing off - Price v Flitcraft Lt d on 16 Jan 2022 and  A Patent Trial in Manchester at Last - Price v Flitcraft Lt d   in IP Northwest on 17 Jan 2023,  This was an action for patent and copyright infringement and passing off.  The first claimant, Philip Price, did not win on anything but the second claimant, Supawall Ltd, did have some success with the patent claim though not with passing off.  As it was not obvious which party was the overall winner a further hearing took place on  16 March 2023 to decide which of those parties should pay which costs.  The judgment was handed down on 3 April 2023 ( Price and others v F...