NIPC Law

Author Anthony Appleyard   Licence  CC BY-SA 3.0   Source Wikimedia Commons A   Jane Lambert Chancery Division (Mr Justice Zacaroli) Puma SE v Nike Innovate CV [2021] EWHC 1438 In  Trade Marks - Equisafety v Battle Hayward and Bower   7 Jan 2021 IP Northwest, I discussed Mr Nicholas Caddick QC's judgment in Equisafety Ltd v Battle, Hayward and Bower, Ltd and another [2021] EWHC 3296 (IPEC) (8 Dec 2021) where the defendants counterclaimed for a declaration that the registration of MERCURY for a range of high visibility equestrian products was invalid on the ground that the mark was descriptive. This is another case where the registration of a word mark was challenged on a similar ground. The mark in question was FOOTWARE  and registration was sought by Nike Innovate CV for a wide range of goods and services in classes 9, 38 and 42 relating to computing and telecommunications. The application was opposed by Puma SE on the following grounds: "i) Under ...

An open college network is a regional organization that accredits adult education courses offered by educational institutions and employers. The claimant was established to coordinate some of those organizations. It trades under the following signs: It has registered those signs as trade marks as well as the letters OCN and NOCN for accreditation and certification services in class 42 as well as other goods and services. The defendant is an open college network which was affiliated with the claimant until 2006. Until judgment in these proceedings, it traded under the following sign: The claimant sued the defendant for trade mark infringement and passing off. The defendant counterclaimed for invalidation of the claimant's registrations.  The action and counterclaim came on before His Honour Judge Hacon in  NOCN (Formerly National Open College Network) v Open College Network Credit4Learning [2015] EWHC 2667 (IPEC) (25 Sept 2015) It w...