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Showing posts with the label non-use

Trade Marks and Passing Off - Dryrobe Ltd v Caesr Group Ltd.

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Jane Lambert Intellectual Property Enterprise Court  (HH Judge Melissa Clarke) Dryrobe Ltd v Caesr Group Ltd    [2025] EWHC 3167 (IPEC) (4 Dec 2025) This was an action for trade mark infringement and passing off and a counterclaim for revocation or, alternatively, invalidation of the trade marks in suit. Dryrobe The claimant was a private company incorporated with limited liability under the Companies Act 2006 , in the name of  Dryrobe Limited ("Dryrobe") , with  company number 08782079.  Dryrobe makes and sells outdoor clothing products under the brand name DRYROBE.  Its most popular product is the Dryrobe Advance changing robe shown in the above photograph. The Marks Dryrobe is the registered proprietor of the following British trade marks: Number Mark Filing Date Registration Date Goods UK00003001195 DRYROBE 9 Apr 2013 19 Jul 2013 Class 25 "Changing robes" "waterproof and windproof robes" "robes, gowns and capes of towelling material" "be...

Off the Scale Costs in IPEC- With Wise Ltd. v Wise Payments Ltd.

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Jane Lamber t Intellectual Property Enterprise Court (Recorder Amanda Michaels)  With Wise Ltd v Wise Payments Ltd (Formerly TransferWise Ltd ) [2025] EWHC 1809 (IPEC) (17 July 2025)   On 17 July 2025, I discussed Recorder Amanda Michaels's judgment in  Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) in Trade Marks - Wise Payments Ltd v With Wise Ltd.   In that article, I noted that those proceedings were unusual in that the trial in that action and counterclaim lasted more than two days and involved more than the average number of interim applications. One of those applications was brought by With Wise Ltd. and its directors for permission to amend their defence and counterclaim to seek the revocation of trade mark number UK3346396  for non-use under s.46 (1) (a) of the Trade Marks Act 1994.  The application was heard by His Honour Judge Hacon on 13 Dec 2024 (see  Wise Payments Ltd v With Wise Ltd and ot...