Posts

Showing posts with the label distinctiveness

Trade Marks: Lifestyle Equities v Royal County of Berkshire Polo Club

Image
  Jane Lambert Court of Appeal (Lords Justices Baker, Arnold and Nugee)  Lifestyle Equities CV and others v Royal County of Berkshire Polo Club Ltd and others  [2024] EWCA Civ 814 (22 July 2024) This was the claimants' appeal against Mr Justice Mellor's order in  Lifestyle Equities CV and Anotherr v Royal County of Berkshire Polo Club Ltd and others (Rev1) [2023] EWHC 1839 (Ch) (19 July 2023).  By that judgment, Mr Justice Mellor dismissed the claimants' claim for trade mark infringement and passing off.  The appeal came on before Lords Justices Baker, Arnold and Nugee on 9 July 2024.  The hearing was filmed and may be viewed on the Court of Appeal's YouTube channel ( morning  and afternoon ). At the end of the oral proceedings, the Court of Appeal said that it would dismiss the appeal.  Lord Justice Arnold with the agreement of Lords Justices Baker and Nugee delivered their reasons in  Lifestyle Equities CV and others v Royal County of...

Trade Marks - Engineer Ai Global Ltd v Appy Pie Ltd.

Image
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:/...