NIPC Law

Royal Courts of Justice Author Anthony M   Licence   CC BY 2.0 Dee d Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold and Nugee and Sir Christopher Floyd) easyGroup Ltd v Nuclei Ltd and others   [ 2023] EWCA Civ 1247 (27 Oct 2023) This was an appeal by easyGroup Ltd. ("easyGroup") against the order of Mrs Justice Bacon in  easyGroup Ltd v Nuclei Ltd and others [2022] EWHC 901 (Ch) of 13 April 2022,  She dismissed easyJet's claim for trade mark infringement and revoked the marks on which it had relied.  Those marks were  UK trade mark No. 2313529A  and  EU trade marks Nos. 2907509  and  11624376 .  The appeal came on before Lords Justices Arnold and Nugee and Sir Christopher Floyd on 10 and 11 Oct 2023.  The hearing was filmed and can be viewed on YouTube (see the first day of the hearing  and the second day ).    At the end of the hearing, the Court announced tha...

Jane Lambert Chancery Division  (Lord Justice Arnold)  Sky Ltd and others v Skykick UK Ltd and another [2020] EWHC 1735 (Ch) (2 July 2020) On 9 May 2020, I wrote in Trade marks - Sky v Skykick, The Final Chapter : "Thus endeth a lawsuit that required three hearings before Lord Justice Arnold as he now is, one to the Court of Appeal and another to the CJEU. Sky scraped home on electronic mail services but not much else. The Sky companies lost their passing off claim and part of their goods and services specification. The excursion to Luxembourg did result in a ruling that lack of clarity and precision is not fatal to a trade mark registration and that bad faith in applying for registration of some goods and services does not vitiate the whole mark." Only the litigation didn't end.  There was a further hearing before Lord Justice Arnold on 2 July 2020 to argue the terms of the final order (see  Sky Ltd and others v Skykick UK Ltd and a...

Land Rover Defender Author Jacopo Prisco Licence Creative Commons Attribution-Share Alike  2.5 Generic Source Wikipedia Jane Lambert Chancery Division (Mrs Justice Rose) Jaguar Land Rover Ltd, v Twisted Automotive Ltd,   [2018] EWHC 3536 (Ch) This was an appeal by Jaguar Land Rover Ltd. against Louise White's decision in Re LR, Twisted Automotive Lt.d. v Jaguar Land Rover Ltd.   BL O/289/18  15 May 2018 to refuse that company's application to register the letters "LR" as a trade mark for various goods in class 12.  The application was filed on 23 Aug 2016 under trade mark number UK3191949. The Opposition By that application Jaguar Land Rover. applied to register those Letters for the following goods: "Motor land vehicles; parts and fittings for vehicles; engines for motor land vehicles; wheels for vehicles; alloy wheels; wheel trims; wheel rims; hub caps for wheels; hub centre caps; wheel covers; wheel sprockets; arm rest...

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  The Military Mutual Ltd v Police Mutual Assurance Society Ltd and other s [2018] EWHC 1575 (IPEC) (22 June 2018) The claimant arranges insurance and mortgages for past and present members of the armed forces.  On the "About Us" page of its website, it describers itself as "a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces." Note the use of the big letter "M" in mutual,  That is a big part of the company's ethos.  It says that its "manifesto is very simple: always do the right thing for our Members."  The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as "customers and Members".  Anybody who acquires a policy or mortgage through the claimant compa...

An early form of FinTech Photo HB Source Wikipedia Jane Lambert A lot of money is going into FinTech (financial services technology) in this country and overseas nowadays including accelerator programmes promoted by our central bank and one of our major clearers (see the Bank of England's FinTech page  and the Barclays Accelerator  as well as details of the other accelerator programmes in the table below). But how is all that investment in FinTech to be protected if indeed it is to be protected at all?  In an extract from a longer article in Gluon.  Steve Findley and Vanni Torelli ask whether IP is so important to FinTech (see  Fintech Startups – is IP important?   The FinTech Times). In view of the amounts of money involved, I should be very surprised if it were not. Findley and Torelli argued that of the top 35 FinTec h  unicorns  than 25% have filed for patents. I am not in the least surprised by that statistic....