NIPC Law

The Rolls Building, Royal Courts of Justice Author:  Muhammad Karns Licence:  CC BY-SA 4.0   Source:  Wikimedia Commons J ane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) (7 Sept 2026) This was an action for infringement under s.10 (2) and s.10 (3) of the Trade Marks Act 1994 and a counterclaim for invalidity under s.47 (1)  and/or revocation under s.46 (1) .  The trade mark in suit was UK trade mark no. 3,223,726 , for the word mark FLOWERBX.  The allegedly infringing signs included FLOWERSBOX, FLOWERS BOX and FLOWERS BOX LONDON in various formats. The action and counterclaim came on before Recorder Amanda Michaels, sitting as a judge of the High Court on 16 and 17 July 2026.  By her judgment in Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) which she handed down on 7 Sept 2026, the learned recorder found for the claimant on the ...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)   Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 (IPEC) (20 Feb 2026) This was an action for trade mark infringement and a counterclaim for revocation or invalidation of the claimant's marks.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 17 and 18 Nov 2025.  By para [122] of her judgment in  Wang Zeng International Ltd v Bing Bing Foods Ltd and Others [2026] EWHC 360 (IPEC), which she handed down on 20 Feb 2026, the learned judge dismissed the counterclaim and found for the claimant on the claim. The Parties The claimant and first defendant were private companies incorporated in England and Wales with limited liability. In her judgment, Judge Melissa Clarke sometimes referred to the claimant as WZI ("Wang Zeng International Limited") and the first defendant as BBF (" Bing Bing Foods Limited" ).  ...

Author  Tiia Monto   Licence CC BY-SA 3.0   Source Wikimedia Commons   Jane Lambert Supreme Court (Lord Hodge, Lord Briggs, Lord Hamblen, Lord Burrows and Lord Stephens)  Dairy UK Ltd v Oatly AB [2026] UKSC 4 (11 Feb 2026) This was an appeal by Oatly AB ("Oatly") against the decision of the Court of Appeal in Dairy UK Ltd v Oatly AB [2024] EWCA Civ 1453 (29 Nov 2024) to set aside that of Mr Justice Richard Smith in  Oatly AB v Dairy UK Ltd [2023] EWHC 3204 (Ch) (14 Dec 2023) and restore the decision of Mrs Judi Pike on behalf of the Registrar of Trade Marks in Dairy UK Ltd v Oatley AB BL O/0049/23 17 Jan 2023. The Mark The mark in suit was POST MILK GENERATION which Oatley registered as a UK trade mark under trade mark number UK3445440  for  T-shirts in class 25,  oat‐based drinks as milk substitutes, oat‐based yoghurt substitute, oat‐based crème fraiche, oat‐based cooking cream and creamer in class 29,  oat‐based vanilla sauce ...