NIPC Law

Author Judicial Office Licence CC BY-SA 4.0   Source   Wikimedia Commons    Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Engineer AI Global Ltd v Appy Pie Ltd and another   [2024[ EWHC 1430 (IPEC) 19 June 2024 This was the trial of an action for trade mark infringement and a counterclaim for invalidation of the claimant's marks.  The claimant offers software platforms that enable users with no programming skills to develop applications without coding through graphical user interfaces.  It carries on business as "Builder AI" over a website at https://www.builder.ai/. The first defendant is an English company that is owned and directed by Shagun Gupta. That lady is the wife of Abhinav Girdhar, a partner of the second defendant Appy Pie LLP which is incorporated in India.  The second defendant also helps users without programming expertise to develop applications through its website at https:/...

Author J onas Magnus Lystad   Licence CC BY-SA 4.0    Source Wikipedia Commons   Jane Lambert Chancery Division (Iain Purvis KC) Unicorn Studio Inc v Veronese SpAS    [2024] EWHC 1098 (Ch) (21 June 2024) This appeal highlights the importance of timely applications under CPR52.19 (4)  in appeals to the Court from the Trade Marks Registry. A party who wishes to appeal against a decision of a hearing officer has the choice under s.76 (2) of the Trade Marks Act 1994 of appealing to the Appointed Person or the Chancery Division of the High Court of Justice.  S.77 (1) defines an "Appointed Person" as a person appointed by the Lord Chancellor to hear appeals under the Trade Marks Act 1994.  Appointed persons tend to be senior members of the Intellectual Property Bar, solicitors specializing in that area of the law or distinguished academic lawyers. There are advantages and disadvantages of appealing to the Appointed Person rather than the Court....

  Jane Lambert Chancery Division (Mrs Justice Bacon) easyGroup Ltd v Beauty Perfectionists Ltd and other s [2024] EWHC 1441 (Ch) (13 June 2024) This was an action for trade mark infringement and a counterclaim for partial revocation of one of the claimant's marks. The proceedings began on 5 March 2020 after the UK had left the EU but while EU law continued to apply in the UK in accordance with art 127 (1) of the agreement for the withdrawal of the UK from the EU . The action and counterclaim came on for trial before Mrs Justice Bacon sitting as an EU trade marks court between 13 and 15 and 19 and 20 March and 11 June 2024. She handed down her judgment on 13 June 2024 (see  easyGroup Ltd v Beauty Perfectionists Ltd and others [2024] EWHC 1441 (Ch)). By para [173] of her judgment, she held that the defendants' signs did not infringe under art 9 (2) (b) or (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade...