NIPC Law

  Jane Lambert Court of Appeal (Sir Colin Birss, Chancellor, Lord Justice Stephen Phillips and Lady Justice Falk) Shorts International Ltd v Google LLC [2026] EWCA Civ 668 (25 May 2026) This was an appeal by Shorts International Ltd. ("Shorts") against the order of Michael Tappin KC sitting as a deputy judge of the High Court following his judgment in  Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 Oct 2024).  There was also a cross-appeal by Google LLC ("Google").  The appeal and cross-appeal came before the Chancellor, Sir Colin Birss, Lord Justice Stephen Phillips and Lady Justice Falk on 10 and 11 March 2026.  They handed down their judgment in Shorts International Ltd v Google LLC [2026] EWCA Civ 668 on 25 May 2026. the late Spring Bank Holiday.   The Marks Shorts is the registered proprietor of the following marks for goods and services in classes 9, 38, and 41: It also registered the word SHORTSTV as a trade mark for goods a...

Fibre Optic Cables Author BigRiz   Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert The key to a successful software development contract is a comprehensive and accurate technical specification that is agreed upon and understood by both the customer and the supplier.  It is important not to confuse a technical specification with a functional specification.   The functional specification will set out the functions and facilities that the software should have, but not state how it is to be developed.   Those details will be contained in the technical specification.    The customer should satisfy himself or herself that the technical specification implements the functional specification.   If he or she lacks the skill and knowledge to do that, he or she may wish to appoint a consultant to help. Acceptance Tests As the bargain is that the supplier will deliver the specified software in return for a fee, a clause setting out the ac...

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...

Ceric Oxide Author Walkerma  Reproduced with kind permission of the copyright owner  Jane Lamber t Court of Appeal (Lords Justices Lewison, Floyd and Jackson)  Anan Kasei Co Ltd and another v Neo Chemicals and Oxides Ltd and another [ 2019] WLR(D) 553, [2019] EWCA Civ 1646 Patents Court (Roger Wyand QC)  Anan Kasei Co. Ltd and another v Molycorp Chemicals & Oxides (Europe) Ltd .  [2018] EWHC 843 (Pat) In    Anan Kasei Co. Ltd and another v Molycorp Chemicals & Oxides (Europe) Ltd . [2018] EWHC 843 (Pat), Anan Kasei Co. Ltd the proprietor of  European patent 1435338  and Rhodia Operations SAS, its exclusive licensee, sued a distributor of catalytic products for infringement of claims 1 to 5 of the  patent.  The defendant, which changed its name to    Neo Chemicals and Oxides (Europe) Ltd., denied infringement and counterclaimed for revocation on grounds of anticipation, obv...

"The Color Purple" is a novel by Alice Walker  which won its author the Pulitzer Prize for Fiction  in 1983. if you have not read the book here is Wikipedia's summary of the plot .  It is a great book with a great story. The colour purple (or rather pantone 2685C) is only slightly less gripping. It is the subject of a tussle between two of the world's largest confectionery companies the latest stage of which has just ended in the Court of Appeal (   Société Des Produits Nestlé S.A. v Cadbury UK Ltd .  [2013] EWCA Civ 1174 (4 Oct 2013)). It started on 15 Oct 2004 when Cadbury Limited ( “Cadbury” ) applied to register "the colour purple (Pantone 2685C), as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods" as a trade mark for the following goods: " Class 30 : Chocolate in bar and tablet form, chocolate confect...