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Showing posts with the label s.47 (1)

Trade Marks - Wang Zeng International Ltd v Bing Bing Foods Ltd

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  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" ).  ...

The POST MILK GENERATION Appeal to the Supreme Court- Dairy (UK) Ltd v Oatly AB

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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 ...

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 ...