NIPC Law

Skin Author XebonR  Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)    Yours Naturally Naturally Yours Ltd v Kate McIver Skin Ltd and another [2023] EWHC 890 (IPEC) (20 April 2023) This was an action for passing off, unlawful interference with the claimant's business, malicious falsehood and copyright infringement. The claimant, Yours Naturally Naturally Yours Ltd, supplied an anti-age skin serum called "Elixir" which had been formulated by its founder, director and shareholder, Georgina Tang.  It complained that its distributor Kate McIver and the company that she founded Kare McIver Skin Ltd. had claimed to be the creators of the serum.  It also alleged that the defendants continued to use the marketing materials that had been supplied for the purpose of distributing Elixir after the first defendant had ceased to resell that product.   The Facts Ms Tang formulated Elixir in 2015 and ...

Author Jules Gagnage   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Patents Court (Sir Anthony Mann) Fiberweb Geosynthetics Ltd v Geofabrics Ltd [2021] EWHC 1996 (Pat) (16 July 2021) Everyone is familiar with interim injunctions.  These are orders to do or, more likely, refrain from doing something until trial or further order.  They are intended to protect an intellectual property or other rights owner from irreparable harm between the issue of proceedings and trial.  They are awarded in exchange for a promise by the person seeking the injunction to pay damages to the injuncted party should the court subsequently decide that the injunction should never have been granted. But what about the opposite case where a party that is already subject to an injunction wants to make or sell a product that may or may not infringe an intellectual property right for which a final injunction has been granted and thus breach such injunction pending the trial...

WIPO Head Office, Geneva  Author Emmanuel Berrod Licence  CC BY-SA 4.0   Source Flickr Jane Lambert This is the first of a series of articles on domain name disputes. Schemes for the rapid resolution of domain name disputes such as ICANN's  UDRP (Uniform Domain Name Dispute Resolution Policy ), Nominet's Dispute Resolution Service ( "DRS" ) and the Czech Court of Arbitration's ".euADR"  are probably the most successful use of alternative dispute resolution ( "ADR" ) on the planet and the topic is important for that reason alone. It is also important because such schemes are probably indispensable for the rapid development of the Internet.  It is inconceivable that businesses would have invested anything that the that they have on the development of on-line platforms for the delivery of many sorts of services without a quick and cheap method of domain name dispute resolution. My Qualifications and Experience I have been int...