Summary Judgment - JBC Distributors Inc v Pak Cosmetic Centre
Jane Lambert Intellectual Property Enterprise Court (Pat Treacy) JBC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480 (IPEC) (23 June 2023) This was an application for summary judgement on a claim for trade mark infringement and the striking out of a defence and counterclaim for groundless threats and reimbursement for unsold stocks returned by Sainsbury's The applications came on before Pat Treacy sitting as a deputy judge of the High Court on 9 June 2023. By para [43] of her judgment which she handed down on 23 June 2023, the learned deputy judge dismissed the summary judgment application and the application to strike out the defence (see J BC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480). She also struck out the counterclaim for reimbursement for unsold stocks but not the counterclaim for unjustified threats. The Claim The claimant is the registered proprietor...