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Showing posts with the label s.48

Trade Marks - Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another

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  Jane Lambert Court of Appeal (Lady Justice King and Lord Justices Arnold and Nugee) Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd and another [2023] EWCA Civ 1451 (6 Dec 2023) This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. ("Intelligent") and Killis Ltd. ("Killis") against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. ("Industrial") relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).  The appeal came on before Lady Justice King and Lord Justices Arnold and Nugee on 13 and 14 Nov 2023.  By their judgment of 6 Dec 2023, they unanimously dismissed the appeal ( Industrial Cleaning Equip...

Trade Marks - Acedes Holdings LLC v Clive Sutton Ltd

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Author Stahlkocher   Licence CC BY-SA 3.0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Acedes Holdings LLP and another v Cliver Sutton Ltd and another   [ 2023] EWHC 2005 (IPEC) (7 Aug 2023) This was a counterclaim by the defendants for the invalidation and revocation of the first claimant's  trade mark number 905883806 .  The mark was AC COBRA registered for automobiles, cars and sports cars. The claimants had brought proceedings for infringement of that trade mark but they discontinued their claim shortly before the trial.  The counterclaim came on for trial before His Honour Judge Hacon on 4 July 2023.  By para [84] of his judgment of 7 Aug 2023, the learned judge dismissed the counterclaim ( Acedes Holdings LLP and another v Cliver Sutton Ltd and another [2023] EWHC 2005). The Issues Judge Hacon identified the issues in para [7] of his judgment: "(1) Whether AC Cobra Mark was invalidly...