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Unregistered Design Rights: Edwards v Boohoo.com UK Ltd and others

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Author Hugh Venables    Licence CC BY-SA 2. 0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr Tom Mitcheson KC) Edwards v Boohoo.com UK Ltd and other s  [2025] EWHC 805 (IPEC) (3 Apr 202 5) This was an action for unregistered design right infringement. The claimant was Sonia Edwards, a fashion designer who promoted her work on Instagram, Facebook, CwtchyCwtchy, and other websites. CwtchyCwtchy seems to be derived from the Welsh word "cwtch" , which can be translated roughly as "hug". Ms Edwards complained that Boohoo.com UK Limited and its related companies ("Boohoo") infringed design rights in five of her designs by making and selling clothes to those designs. The action was tried by Mr Tom Mitcheson KC sitting as a deputy judge of the High Court on 30 and 31 Jan 2025. He handed down judgment on 3 April 2025. By para [151] of his judgment in Edwards v Boohoo.com UK Ltd and others [2025] EWHC 805 (IPEC) (3 April...

Survival of Goodwill in Trade Marks and Passing off - Prysmian Cables & Systems Ltd v Apple International and others

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Callender Cableworks Bank   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Prysmian Cables & Systems Ltd v Apple International and others  [2023] EWHC 2176 (IPEC) (7 Sept 2023) The reason why there is a photo of a brass band is that the band consisted of members of staff at the Erith Works of the Callender Cable & Construction Co. Ltd. That was one of the companies to which Recorder Michaels referred in para [2] of her judgment in  Prysmian Cables & Systems Ltd v Apple International and others [2023] EWHC 2176 (IPEC) (7 Sept 2023). The company merged with British Insulated Cables to form British Insulated Callender Cables Ltd or BICC which was one of the biggest names in British engineering.  BICC's cable business was acquired by Pirelli Cavi e Sistemi and later transferred to the claimant.     Callender Cableworks Band BICC's band, known as Callender's Cableworks Band , was one of the most ...