NIPC Law

  Jane Lambert Court of Appeal (Lord Justices Lewison, Arnold and Birss) Lidl Great Britain Ltd and Another v Tesco Stores Ltd and Anothe r (Rev1) [2024] EWCA Civ 262 (19 March 2024) In  Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023), Mrs Justice Joanna Smith held that Tesco Stores Ltd and Tesco Plc ("Tesco") were liable to  Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") for trade mark and copyright infringement and passing off . She also found for Tesco on part of their counterclaim for invalidation of several of Lidl's marks.  I discussed that judgment in  Trade Marks - Lidl v Tesco   on 1 May 2023 and a further judgment in  Discretion in Awarding Final Injunctions- Lidl v Tesco  on 29 June 2023. The Appeal Tesco appealed against the finding of trade mark and copyright infringement and passing off and Lidl against the invalidation of their marks,  The app...

Author Mcwesty   Licence Public Domai n Source Wikimedia Commons   Jane Lambert Supreme Court (Lords Hodge, Briggs, Hamblen, Burrows and Kitchin)  Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8 (6 Mar 2024) The Beverly Hills Polo Club  is a popular range of clothing and luxury goods on both sides of the Atlantic.  The Dutch companies Lifestyle Equities  CV and Lifestyle Licensing BV ("Lifestyle"), hold the Beverly Hills Polo Club brands in the European Union and UK.  An unconnected business that holds corresponding rights in the USA supplies Beverly Hills Polo Club branded goods to the American market.  Amazon.com Inc. and its subsidiaries ("Amazon") are one of the American supplier's distributors in the USA.  They market those goods on their US website,  Lifestyle has complained that consumers in the UK have purchased goods intended for the American market from that website and imported them into t...

Author Sodacan   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons Jane Lambert Court of Appeal (The Master of the Rolls, Lord Justice Nugee and Sir Christopher Floyd)  Flitcraft Ltd and others v Price and another [2024] EWCA Civ 136 (27 Feb  2024) On 31 Jan 2024, the Court of Appeal (consisting of The Master of the Rolls, Lord Justice Nugee and Sir Christopher Floyd) heard two separate appeals against orders by Nicholas Caddick KC in proceedings that had been brought by Philip Price ("Mr Price") and others against Flitcraft Ltd ("Flitcraft") and others for patent and copyright infringement and passing off.   I commented on the main trial of that action in  Patents, Copyright and Passing off - Price v Flitcraft Ltd   on 16 Jan 2023 and in A Patent Trial in Manchester at Last - Price v Flitcraft Ltd   on 17 Jan 2023 in IP Northwest and on Mr Caddick's judgment on costs following a further hearing on 16 March 2023 in Costs - Price v Flitcr...