NIPC Law

           Jane Lambert Chancery Division ( Mr David Stone) Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021) This was an action for infringement of unregistered design right and unregistered Community designs  and passing off .  The designs in question were of women's garments in the bodycon and bandage styles. The action came on for trial before Mr David Stone on various dates between 30 Nov and 21 Dec 2020. In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) which he handed down on 24 Feb 2021 he found that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs but they had not passed off their business as or for the claimants', Following his judgment, there were further hearings on the terms of the minute of order, whether garments in different colourways infringed...

Standard YouTube Licence Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Beverly Hills Teddy Bear Company v PMS International Group Plc   [2019] EWHC 2419 (IPEC) Art 267 of the Treaty on the Functioning of the European Union provides: "The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union; Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before...

Logitech Europe SA is a Swiss company which makes a protective case for iPads called "Big Bang" . This YouTube video shows how it works. Tech21  is a British company on Eel Pie Island  which is not far from where I grew up which makes something very similar called an "Impact Folio" . Here's their video.  Spot the difference if you can. Between Jan 2013 and Jan 2014 the two companies tried to work together to develop a range of cases to be sold by Logitech but they fell out. Shortly afterwards Logitech started to sell Big Bangs and Tech21 Impact Folios. On 10 Sept 2014 Tech21 received the following letter from Jonas Rechtsanwaltsgesellschaft mbH  of Cologne in the Federal Republic of Germany: "We are representing our client Logitech Europe S.A., Daniel Borel Innovation Center, CH-1015 Lausanne, Switzerland in matters of Intellectual Property. We have been informed that you entered into a manufacturing and sales agreement with our ...

In  John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd .  [2014] EWHC 3779 (IPEC) (21 Nov 2014) Judge Hacon had to decide whether the fabric used to make the dress in the bottom photo was a copy of the fabric in the top one. The Facts Some time before the beginning of Aug 2012 Lee Ann Fashions Ltd. ( "Lee Ann" ) received the following design brief from Marks & Spencer: " Print Direction  More primitive wood blocking prints, bold batiks, multi-stripes and tribal prints. Often these are anchored with stone and Black with highlights of the colour pops of the collection" On 2 Aug 2012 employees from Lee Ann met a sales executive of John Kaldor Fabricmaker UK Ltd ( "Kaldor" ) . Lee Ann invited Kaldor to supply samples of its materials so that Kaldor could bid for Marks & Spencer's order. Kaldor supplied 22 samples including 4 metres of the fabric in Annex 1. Lee Ann offered to supply Marks & Spencer dresses made from that fabric. T...