NIPC Law

By Mike Roberts from London, United Kingdom - IMG_0419 CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=2307324   Jane Lambert Intellectual Property Enterprise Court  (Mr David Stone) Automobile Club de L'Ouest (ACO) v Omologato Ltd and Anothe r [2026] EWHC 2265 (IPEC) (27 July 2026) This was an action for trade mark infringement.  There was also a claim for passing off, but that cause of action was not relied upon in the end.  The claimant,  Automobile Club de L'Ouest ("ACO") , operates the 24-hour Le Mans endurance race .  The first defendant,  Omologato Limited (Omologato),  designs, markets and sells watches with a motor racing theme.   ACO objected to watches that had been supplied by Omologato bearing the signs "LE MANS", "LM" and "LMR."  Claim against Mr Kalra The second defendant was Shami Kalra ("Mr Kalra"), a director of Omologato.  Mr Kalra also registered the letters LMR as a trade mark for watche...

Vineyards in the Prosecco Region Author Civvì   Licence:  CC BY-SA 4.0   Source: Wikimedia Common s   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Prosecco International Ltd and others [2026] EWHC 912 (IPEC) (15 April 2026) The    Consorzio di Tutela della Denominazione di Origine Controllata Prosecco  ("the PDO Prosecco")    is the body appointed by the Italian Ministry of Agriculture to protect and promote the Protected Designation of Origin "Prosecco".  Prosecco International Ltd. ("Prosecco International")  is an English company which describes its business as "including distilling, rectifying and blending spirits, manufacturing wine from grape and other business support activities."  Mr Ralph Goldstein is a director of Prosecco International and Mr Michael Goldstein is a former director. The Application PDO Prosecc...

  Jane Lambert Court of Appeal (Sir Colin Birss, Chancellor, Lord Justice Stephen Phillips and Lady Justice Falk) Shorts International Ltd v Google LLC [2026] EWCA Civ 668 (25 May 2026) This was an appeal by Shorts International Ltd. ("Shorts") against the order of Michael Tappin KC sitting as a deputy judge of the High Court following his judgment in  Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 Oct 2024).  There was also a cross-appeal by Google LLC ("Google").  The appeal and cross-appeal came before the Chancellor, Sir Colin Birss, Lord Justice Stephen Phillips and Lady Justice Falk on 10 and 11 March 2026.  They handed down their judgment in Shorts International Ltd v Google LLC [2026] EWCA Civ 668 on 25 May 2026. the late Spring Bank Holiday.   The Marks Shorts is the registered proprietor of the following marks for goods and services in classes 9, 38, and 41: It also registered the word SHORTSTV as a trade mark for goods a...

  Jane Lambert Patents Court (Mr Justice Mellor) Nador Cott Protection SAS v Asda Stores Ltd and another [2026] EWHC 553 (Pat) (12 March 2026) This was a claim by Nador Cott Protection SAS against ASDA Stores Ltd, and International Procurement and Logistics Ltd. for the alleged infringement of Plant Breeders' Right number 28016 by importing    Tang Gold oranges into the UK and retailing them to the British public.  The action came on for trial before Mr Justice Mellor on 25 and 26 Nov 2025.  By para [359]  of his judgment in  Nador Cott Protection SAS v Asda Stores Ltd and Another [2026] EWHC 553 (Pat), which he handed down on 12 March 2026, the learned judge dismissed the action. Issues His lordship set out the issues in the trial as follows: whether the Tang Gold fruit was a dependent variety of Nador Cott's ("the dependent variety issue"), and if it was whether Nador Cott Protection had lost its right of action because it  had  a rea...