NIPC Law

Author  August Malmström Copyright Expired Source    Wikimedia Commons     Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Fox Group International Ltd v Teleta Pharma Ltd [2021] EWHC 1714 (IPEC) (23 June  2021)   There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler  manufactured by the Korean company  Across Co., Ltd  ( "Across" ) which Fox Group International Ltd. ( "Fox" ) enjoyed the exclusive right to distribute in the UK. Notwithstanding a clause in Fox's distribution agreement recognizing that "trademarks, trade names, designs, copyright and other property rights included in the product possess are the unique property of [Across]" and making clear that Fox did not have or acquire any rights, title or interest in that property, Fox applied to register REVOLAX as a UK tr...

Royal Courts of Justice Author David Castor Reproduced pursuant to CCO 1.0 Source Wikipedia Royal Courts of Justice Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell QC) NXP BV v ID Management Systems [2019] EWHC 1902 (IPEC) (31 July 2019) This was an action for trade mark infringement.  The claimant was the registered proprietor of several EU trade mark registrations of the word MIFARE for goods in class 9 either simpliciter as in  EU10920007 or in combination with a device as in WE1191506 .  The claimant complained that the defendant company had infringed those trade marks by selling counterfeit smart cards on two occasions. This action started in the small claims track of the Intellectual Property Enterprise Court.  The claimant had limited its claim to £10,000 and did not allege that the defendant had infringed its trade marks on any other occasion.  Nevertheless, on reviewing the papers the district...

Jane Lambert Intellectual Property Enterprise Court (Judge Hacon) Nomination Di Antonio E Paolo Gensini SNC and another v Brealey and another (t/a JSC Jewellery) [2019] EWHC 599 (13 March 2019) This was an action for trade mark infringement and passing off. The Claimants The first claimants are an Italian partnership dealing in charm bracelets.   The second is an Italian company that markets those bracelets.  The judge referred to the claimants collectively as "Nomination."   The second claimant advertises the  bracelets  in the UK on its website at www.nomination.com. Judge Hacon, who tried the action, called one of those products as a "composable bracelet" at paragraph [7] of his judgment. and described it as follows: "It consists of individual links, measuring about 10 x 9mm, which may be detached from each other and relinked in any order to the taste of the wearer. These include what were called 'base links', which are ma...

One of the fundamental principles of the European Union is that it "shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries" (art 28 (1) of the  Treaty on the Functioning of the European Union ( "TFEU" ). Art 34 of the TFEU further provides: "Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States." However, this is subject to the following exception provided by art 36: "The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals ...