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Showing posts with the label unreasonable behaviour

Practice - Cormeton Fire Protection Ltd v Pyrocel Ltd

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Author TheBrickeninaGlory Licence CC BY-SA 3.0  Wikimedia Common s   J ane Lambert Intellectual Property Enterprise Court (Mr David Stome)  Cormeton Fire Protection Ltd v Pyrocel Ltd and another [2021] EWHC 2384 (IPEC) (26 Aug 2021) These were further proceedings in a dispute between parties that had once been closely associated but had subsequently fallen out over rights to use branding that they had previously shared.  There had already been a trial before Mr David Stone which I discussed in  Trade Marks - Cormeton Fire Protection Ltd v Cormeton Electronics Ltd.   on 13 Feb 2021.  Following his judgment in that case,  Mr Stone granted the claimant an injunction, orders for delivery up, disclosure of such information as the claimant might reasonably require to choose between an inquiry as to damages  ( Island Records  disclosure) and an account of profits and an inquiry or account ar the claimant's election (see para [3] of Mr Ston...

Compromise - Evans v Trebuchet Design Ltd and Another

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Author EvaK   Licence CC BY-SA 2.5   Source Wikipedia Harwich Jane Lambert Intellectual Property Enterprise Court, Small Claims Track (HH Judge Hacon)  Evans v Trebuchet Design Ltd and another   [2020] EWHC 3037 (IPEC) (20 Oct 2020) This was an application by the defendants to an action for copyright and database right infringement and breach of contract to strike out the claim on the ground that the dispute had been compromised.  Although the case was decided in the small claims track of the Intellectual Property Enterprise Court, it concerned important matters of principle including the rule in Henderson v Henderson    (1843) 3 Hare 100, 67 ER 313, [1843] UKPC 6, the formation of contracts and costs in the small claims track. The importance of the case is signified by the fact that it was argued before the Enterprise Judge by patent counsel and a senior solicitor and trade mark attorney advocate whose public-spirit and oral and written advocacy were...