NIPC Law

Broadway Author Richard Slessor Licence CC BY-SA 2.0 Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Recorder Michaels) Hayman-Joyce Property Ltd v Hayman-Joyce Broadway LLP and another [2023] EWHC 1028 (IPEC) (2 May 2023) This was an action for trade mark and copyright infringement and passing off. There was also a counterclaim for invalidation of the trade mark. The claimant and first defendant were estate agencies that had been founded by James Hayman-Joyce.  James's son Thomas managed the claimant.  The second defendant who had been James's business partner managed the first defendant.  The trade marks HAYMAN JOYCE and HAYMAN-JOYCE had been registered by the claimant for various services in classes 35 and 36 under trade mark number UK3350970 in the face of vigorous opposition from the second defendant on 8 Oct 2020. The Dispute Relations between the parties began to deteriorate after 2010. There was disagreement over the use of...

The sign that appears above is registered as a trade mark for Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps; canned foodstuffs; pizza toppings; preparations for making pizza toppings; dried preparations for use as pizza toppings; ingredients for making pizzas in class 29 in the name of Caspian Holding Franchise Limited under trade mark number 2,559,245 with effect from 21 Sept 2010. Until 12 Jan 2016 it had been registered to Behzad Zarandi ( Mr Zarandi" ) and Nadar Zand ( "Mr Zand" ). Until that date Mr Zarandi and Mr Zand also owned UK trade mark number 2,396,396 whereby the word CASPIAN had been registered for restaurant services, take-away food services and catering in services in class 43 with effect from 8 July 2005. Caspian Pizza Ltd.  ( "CP" ) run a chain of pi...