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The Lidl v Tesco Appeal: Lord Justice Arnold on Passing off

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Author: Paul Hurst Licence CC   BY-SA 2.5 Deed   Source Wikimedia Commons Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024 ) This is the second of my supplementary articles on Lord Justice Jackson's judgment in   Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024). I explained the reasons for these supplementary articles in the second paragraph of  Lord Justice Arnold's Guidance on Trade Mark Law in the Lidl v Tesco Appeal   yesterday.  In this article, I shall discuss Lord Justice Arnold's guidance on passing off  which he set out in paras [27] to [35] of his judgment. The learned Lord Justice said in para [28] that the fundamental principle underlying the law of passing off may be simply stated in contemporary language as "no person may misrepresent their goo...

Confidentiality - InterDigital Technology Corporation and others v Lenovo Group Ltd. and others

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  Author  Interdigital  Licence   CC BY-SA 4.0   Source  Wikimedia Commons   Jane Lambert Patents Cour t (Mr Justice Mellor) Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 1577 (Pat) (28 June 2023 I discussed Mr Justice Mellor's judgment in Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 539 (Pat) in Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others   on 21 March 2023.  That had been a trial to determine the payments and other terms upon which patents that were essential for compliance with technical standards could be used.   At the end of my case note, I wrote: "This has been an extraordinarily difficult case note to write partly because the judgment is 225 pages long and partly because large chunks of it have been redacted, The judge has promised to publish a fuller version of his judgment in due course but even that...