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Showing posts with the label s.19 (3)

Trade Marks - Wise Payments Ltd v With Wise Ltd.

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  Jane Lambert Intellectual Property Enterprise Cour t (Recorder Amanda Michaels) Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) This was a claim for trade mark infringement and  passing off , and a counterclaim for trade mark invalidation and passing off. The action and counterclaim were tried by Recorder Amanda Michaels between 14 and 16 May 2025. These proceedings were unusual in that the trial lasted more than 2 days and there were more than the average number of interim applications.  I discussed two of those applications in  Practice - Wise Payments Ltd v With Wise Ltd. and others   on 22 Feb 2024.  Recorder Michaels handed down her judgment on the claim and counterclaim in  WISE Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) on 11 July 2025.  She found for each of the parties on particular issues of the claim and counterclaim. The Claimant The Claimant was Wise Payments Ltd ...

Trade Marks and Passing Off - Planetart v Photobox

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Senado Federal / CC BY (https://creativecommons.org/licenses/by/2.0) Jane Lambert Chancery Division (Daniel Alexander QC)  Planetart LLC and another v Photobox Ltd and another [2020] EWHC 713 (Ch) (25 March 2020) This was an action for trade mark infringement. passing of f and invalidation of one of the defendant's trade marks. The claimants were the Delaware company,  Planetart LLC , and its English subsidiary, Planetart Ltd .  Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd.  and Photobox Free Prints Ltd.  offer a service that is similar to the claimants'. The first claimant has registered the following as a UK trade mark for a range of goods and services in classes 9, 16, 40 and 42 under trade mark number  UK3393165  with effect from 17 April 2019: The defendants have used the fol...