NIPC Law

  Jane Lambert Chancery Division  (Mr Justice Marcus Smith) L ifestyle Equities CV v The Copyrights Group Ltd and others [2021] EWHC 1212 (Ch) (10 May 2021) This was an action for trade mark infringement and passing off,   The first claimant was the registered proprietor of the following European Union and United Kingdom trade marks and the second claimant was its exclusive licensee: EU005482484   EU00908456469   EU000364257   EU000532895   EU015737653  and  UK00001259226 The claimants complained that the first, second and third defendants had used a mark which has unfortunately not been reproduced in the BAILII transcript or in any of the reports on Westlaw.  They also alleged that those defendants' use of that mark amounted to passing off. The Allegations Para 24 of the particulars of claim alleged: "From a precise date unknown to the Claimants but before the issue of the Claim Form herein and believed to have been from around the se...

Jane Lambert Intellectual Property Enterprise Court (Judge Melissa Clarke)  Thomas v Luv One Luv All Promotions Ltd and another [2020] EWHC 1565 (IPEC) (17 June 2020) This was an application to strike out part of the defence to the claimant's action for passing off and transfer or cancellation of the second defendant's trade mark registration on grounds of cause of action estoppel, issue estoppel, the principle in Henderson v Henderson, and abuse of process or, alternatively, summary judgment under Part 24 of the Civil Procedure Rules.  The application was issued on 28 Feb 2010 which was a few days before the case management conference of 6 March 2020 at which  several issues were ordered to be tried .  The application came on before Her Honour Judge Melissa Clarke who considered it on paper at the parties' request. The Facts Between 1986 and 2016 the claimant and the second defendant had been members of a band called LOVE INJECTION or LUV ...

Author Basher Eyre Licence Creative Commons Attribution-Share Alike 2.0 Generic Source Wikipedia Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  KBF Enterprises Ltd v Gladiator Nutrition 3.0Ltd and Others   [2018] EWHC 3041 (IPEC) This was an action for trade mark infringement and passing off .  There was also a counterclaim for a declaration that the trade marks were invalid and for a finding that the claimant was passing itself off as connected with the third defendant, Mr Daniel Singh. The Dispute The claimant carried on business as Bodybuilding Warehouse .  It claims to be "the number one bodybuilding supplements website and manufacturer in the UK" and has registered the following word marks: WARRIOR SUPPLEMENTS WARRIOR BLAZE WARRIOR FAT BURNER , and WARRIOR . All of those marks were registered for food supplements and some for foods or other goods.  Bodybuilding Warehouse compl...