NIPC Law

  Jane Lambert UK Supreme Court (Lords Hodge, Briggs, Hamblen and Stephens and Lady Rose)    Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another [2025] UKSC 25 (24 Jun 2025) This was an appeal by Dream Pairs Europe Inc. and Top Glory Trading Group Inc. ("Dream Pairs") against the Court of Appeal's judgment in  Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another   [2024] EWCA Civ 29, [2024] RPC 10 which I discussed in Trade Marks - Iconix's Appeal on 5 Feb 2025.  The Court of Appeal allowed an appeal by Iconix Luxembourg Holdings SARL ("Iconix") against Mr Justice Miles's dismissal of Iconix's claim for trade mark infringement under s.10 (2) and (3)  of the Trade Marks Act 1994 in    Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another   [2023] RPC 15, [2023] EWHC 706 (Ch). I wrote about Mr Justice Miles's judgment in  Trade Marks - Iconix Luxembourg Holdings SARL v Dream ...

Representation of the Registered Design Crown Copyright  Open Government Licence   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Barber v Wakefield and others [2024] EWHC 3058 (IPEC) (28  Nov 2024) This was a claim for the infringement of UK registered design number 4028780 for a locksmith's letterbox tool handle.  A representation of the design appears above,  His Honour Judge Hacon who tried the action said that it was the design of a tool to be manipulated through the letterbox of a front door to open the door without a key.  Typically the tool is used to assist individuals who are locked out of their homes though, as the judge remarked at para [21] of his judgment in Barber v Wakefield and others [2024] EWHC 3058 (IPEC) (28 Nov 2024), other uses could be imagined. Alleged Infringement The proprietor of the registered design alleged that Ultimate Tools Ltd and the individuals who ran that company had infringed his regis...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Marks and Spencer Plc v Aldo Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 This was a claim for the infringement of the following registered designs: 6134278   6134280   6134282   6134284 , and  6134276 . The designs were registered on 29 April 2021 by Marks and Spencer Plc ("M&S"). M&S complained that Aldi Stores Ltd ("Aldi") had infringed those registered designs by marketing and selling gin liqueurs in the following  bottles from Nov 2021: The action came on for trial before His Honour Judge Hacon on 16 Dec 2022 who delivered judgment on 31 Jan 2023.  The last of the 5 designs was not pursued.   At para [84] of his judgment, the learned judge concluded that the marketing of those gin liqueur products infringed the first 4 registered designs ( Marks and Spencer Plc v Aldi Stores Ltd . [2023] EWHC 178 (IPEC)). Legislation Judge Hacon noted that the Registere...

  Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbsell QC)  ASR Interiors Ltd v AWS Trading Ltd   [2022] EWHC 372 (IPEC) (24 Feb 2022) This was an action for the infringement of the following registered designs and a counterclaim for declarations that those registrations were invalid: Design number 6050903 for a Crushed Diamond Mirrored Sideboard; Design number  6050906  for Articles of adornment; and  Design number 6051281 for a Dining Chair. The action and counterclaim came on before Mr Recorder Campbell  QC on 13 Jan 2022.  in para [80] of his judgment in  ASR Interiors Ltd v AWS Trading Lt d,  [2022] EWHC 372 which he delivered on 24 Feb 2022, the learned recorder found for the claimant on the claim and dismissed the counterclaim. The Claim The claimant was the proprietor of the above-mentioned design registrations.  It alleged that the defendant had infringed those registrations by marketing and di...