NIPC Law

Jane Lambert Chancery Division (Mr Justice Measd) Societe des Produits Nestle SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch) (5 July 2022) This was an appeal from Louise White's decision in The Colour Purple, Société des Produits Nestlé  SA v Cadbury UK Ltd, BL O/198/19 of 12 April 2019. The hearing officer had heard oppositions by Société des Produits Nestlé ("Nestlé") to the following trade mark applications by Cadbury UK Ltd. ("Cadbury"): Application No 3 019 362 Application No 3 019 361 , and  Application No 3 025 822 . She found for the opponent in respect of application numbers3025822 and 3019361 but not application number 3019362. Cadbury appealed against her decision on 025822 and 3019361. Before the appeal could be heard. Cadbury settled its differences with Nestlé.  The Registrar of Trade Marks considered that the appeal gave rise to important issues where the law was uncertain and sought to intervene in the proceedings.  Permission to do son was granted...

Jane Lambert Appointed Person (Mr Martin Howe QC) Re Registered Design No 6045074, Lambretta Club Great Britain v Frankland BL 0-129-20 6 March 2020 This was an appeal to the Appointed Person by Mr Gavin Frankland against the decision of Mr Oliver Morris on behalf of the Comptroller-General of Patents, Designs and Trade Marks in  Re Registered Design No 6045074, Lambretta Club Great Britain v Frankland   BL 0-373-19  5 July 2019 declaring invalid the registration of Design Number 6045074 . The appeal was heard by Mr Martin Howe QC on 2 March 2020.  Mr Howe delivered his judgment dismissing the appeal on 6 March 2020 (see    Re Registered Design No 6045074, Lambretta Club Great Britain v Frankland BL 0-129-20 6 March 2020). Mr Frankland, who claims to be President of the British Lambretta Owners Association  and was once a member of the Lambretta Club Great Britain , applied to register the above device as a registered desi...