Posts

Showing posts with the label transfer

Toy Wars - Cabo Concepts v MGA Entertainment

Image
Standard YouTube Licence Jane Lambert   Patents Court (Mr Justice Mellor)  Cabo Concepts Ltd v MGA Entertainment (UK) Ltd and another     [2021] EWHC 491 (Pat) (4 March 2021) Yesterday I mentioned the cake war between Marks & Spencer and Aldi (see Jane Lambert Cake War s 17 April 2021 NIPC News).  Today I discuss the litigation between the suppliers of the Worldeez and LOL Surprise! toys,  If you have never heard of either, this video  LOLSurprise Lil Sister vs. Worldeez NEW! Who will win!?!   by Adulting With Children should enlighten you.  At the very least you should appreciate the children's pleasure as they unwrap their packages. The Dispute MGA's LOL Surprise! dolls appear to be well established in the UK market.  They are described at para [6] of Mr Justice Mellor's judgment in  Cabo Concepts Ltd v MGA Entertainment (UK) Ltd and another  [2021] EWHC 491 (Pat) (4 March 2021).  Cabo Concepts says that it had plan...

Copyright - Shazam Productions Ltd v Only Fools the Dining Experience Ltd

Image
BBC TV Centre Author Panhard Licence CC BY-SA 3.0 Source Wikipedia BBC     Jane Lambert Chancery Division (Master Teverson)    Shazam Productions Ltd v Only Fools the Dining Experience Ltd and others [2020] EWHC 2799 (Ch) (19 Oct 2020) This was an application by the defendants to an action for copyright infringement and passing off for the transfer of the claim to the Intellectual Property Enterprise Court ("IPEC").   The claimant, Shazam Productions Ltd. ("Shazam") was a company established by the late John Sullivan  who created the TV sit come Only Fools and Horses   to manage his intellectual property rights. The defendants offered an  "interactive theatrical dining experience called Only Fools The (cushty) Dining Experience ("the Show")." According to Master Teverson who heard the application, "the Show is a part-scripted, part- improvised dramatic performance which takes place while the audience eats a three-course dinner and inv...

Transfer to IPEC - Massimo Osti SRL v Global Design and Innovation Ltd

Image
The Rolls Building Author Basher Eyre Licence Creative Commons Attribution Share Alike 2.0 generic Source Wikipedia Jane Lambert Chancery Division (Master Clark) Massimo Osti SRL v Global Design and Innovation Ltd and another [2018] EWHC 2263 (Ch) (30 Aug 2018) This was an application  by the claimant to set aside an order made by the court on its own initiative under CPR 3.3 to transfer a claim for an EU wide injunction, unpaid royalties and other relief for EU trade mark infringement and breach of contract and the defendants' counterclaim for a declaration that the mark is invalid from the Chancery Division to the Intellectual Property Enterprise Court ("IPEC") . The Significance of the Application The Chancery Division is one of three Divisions of the High Court of Justice established by s.5 (1) of the Senior Courts Act 1981.  S.61 (1)  and para 1 (i) of Sched. 1 of that Act assign patents, trade marks, registered designs, copyrig...