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Showing posts with the label With Wise

Off the Scale Costs in IPEC- With Wise Ltd. v Wise Payments Ltd.

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Jane Lamber t Intellectual Property Enterprise Court (Recorder Amanda Michaels)  With Wise Ltd v Wise Payments Ltd (Formerly TransferWise Ltd ) [2025] EWHC 1809 (IPEC) (17 July 2025)   On 17 July 2025, I discussed Recorder Amanda Michaels's judgment in  Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) in Trade Marks - Wise Payments Ltd v With Wise Ltd.   In that article, I noted that those proceedings were unusual in that the trial in that action and counterclaim lasted more than two days and involved more than the average number of interim applications. One of those applications was brought by With Wise Ltd. and its directors for permission to amend their defence and counterclaim to seek the revocation of trade mark number UK3346396  for non-use under s.46 (1) (a) of the Trade Marks Act 1994.  The application was heard by His Honour Judge Hacon on 13 Dec 2024 (see  Wise Payments Ltd v With Wise Ltd and ot...

Trade Marks - Wise Payments Ltd v With Wise Ltd.

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  Jane Lambert Intellectual Property Enterprise Cour t (Recorder Amanda Michaels) Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) This was a claim for trade mark infringement and  passing off , and a counterclaim for trade mark invalidation and passing off. The action and counterclaim were tried by Recorder Amanda Michaels between 14 and 16 May 2025. These proceedings were unusual in that the trial lasted more than 2 days and there were more than the average number of interim applications.  I discussed two of those applications in  Practice - Wise Payments Ltd v With Wise Ltd. and others   on 22 Feb 2024.  Recorder Michaels handed down her judgment on the claim and counterclaim in  WISE Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) on 11 July 2025.  She found for each of the parties on particular issues of the claim and counterclaim. The Claimant The Claimant was Wise Payments Ltd ...

Practice - Wise Payments Ltd v With Wise Ltd. and others

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Jane Lambert Intellectual Property Enterprise Court (Ms. Pat Treacy)  Wise Payments Ltd v With Wise Ltd and other s [2024] EWHC 234 (IPEC) (9 Feb 2024) This was a case management conference before Ms Pat Treacy sitting as a deputy Enterprise Judge in an action for trade mark infringement and passing off and a counterclaim by the first defendant for passing off.  One of the issues to be decided in the CMC was whether Kristo Käärmann, Taavet Hinrikus and Dean Nash should be joined as defendants to the first defendant's counterclaim. Mr  Käärmann and Mr Hinrikus had founded the claimant company.  Mr Käärmann was the chief executive officer and a director of the claimant.  Mr Hinrikus had been the claimant's chairman and a director.  Mr Nash had been its secretary and general counsel. The first defendant brought its application to join Messrs Käärmann, Hinrikus and Nash under CPR20.5 , It also applied for permission to amend its defence and counterclaim...