NIPC Law

Author User:Makaristos   Licence Public Domain      J ane Lambert Business and Property Courts of England and Wales (Mr Ian Karet)  Marriott Worldwide Corporation v Delta Air Lines, Inc . [2023] EWHC 283 (Ch) (10 Feb 2023 In Re DELTA, Delta Air Lines, Inc, v Marriott Worldwide Corporation   O/081/22 31 Jan 2022, Marriutt Worldwide Corporation ("Marriott") successfully resisted an application by Delta Air Lines Inc ("Delta") for a declaration of invalidity in respect of trade mark number 3108603 for all the classes for which the mark DELTA was registered pursuant to s.47 (2) and s.5 (2), (3) and (4) of the Trade Marks Act 1994.  The only services for which the application succeeded were: "Retail stores services all connected with the sale of articles and equipment for household purposes, namely clothing, footwear, headgear, toiletries, cosmetics, optical goods, toys, plush toys, games, stationery, printed matter, umbrellas, luggage, je...

Jane Lambert Chancery Division, Intellectual Property List (Mr Ian Karet)  Revive A Phone Ltd v WeFix [2022] EWHC 2195 (Ch) (19 Aug 2022) This was an appeal against the decision of the hearing officer, Ms Rosie Le Breton, of 9 Sept 2021 invalidating the word mark WEFIX  and the blue and white device mark that appears above. The appeal came on before Mr Ian Karet on 30 June 2022.  By his judgment of 19 Aug 2022, the learned deputy judge dismissed the appeal and upheld the hearing officer's decision (see  Revive A Phone Ltd v WeFix [2022] EWHC 2195 (Ch) (19 Aug 2022)). Ms Le Breton invalidated those trade marks under s.47 (2) of the Trade Marks Act 1994 . That subsection provides that the registration of a trade mark may be declared invalid on the ground that there is an earlier trade mark in relation to which the conditions set out in s.5 (1), (2) or (3) obtain unless the proprietor of that earlier trade mark or other earlier right has consented to the re...

Fresh sliced  Halloumi  cheese Author Zlerman   Copyright waived by the owner Jane Lambert Chancery Division (Mr Justice Marcus Smith)  Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft . [2020] EWHC 2858 (Ch) (30 Oct 2020) This was an appeal by the Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi ("the Foundation") against the decision of Ms Clare Boucher to allow the application of Babel Sajt Kft for the registration of the trade mark shown below to proceed to grant (see Re Babel Sajt Kft's Application    BL O/152/20 11 March 2020).  The appeal came on before Mr Justice Marcus Smith on 20 July 2020.  He allowed the appeal in   Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft. [2020] EWHC 2858 (Ch) which he handed down on 30 Oct 2020. The Application On 7 Nob 2018m, the Hungarian company Babel Sajt Kft...

Handsam Ltd . describes itself as "a leading provider of online management systems, consultancy services and advice to both the business and education sectors." Its specialisms include health and safety management, policy writing and advice in all areas, security, fire, training and data protection. It has recently extended its online services to include a school trip planning system . Its systems claim to offer its clients guaranteed compliance, audit trails or chain of evidence collection and peace of mind for leaders, directors and managers. By an application dated the 15 July 2014 Handsam applied to register the following sign as a trade mark for the following goods and services. The specified goods and services were: Class 16: Magazines; Books; Leaflets; Printed guides; Printed manuals; Printed matter for educational purposes; Teaching materials for education; Printed matter for instructional purposes. Class 35: Business advice; Business management advisory s...

Two interesting points arose in  British Shorinji Kempo Federation v Shorinji Kempo Unity   [2014] EWHC 285 (Ch) (17 Feb 2014) in which my colleague Thomas Dillon  appeared for the  British Shorinji Kempo Foundation ("BSKF")  on a pro bono basis. The first was what constitutes genuine use for the purpose of s.6A of the Trade Marks Act 1994 . The second was the methodology by which the judge determined whether the mark that had BSKF sought to register was similar to one that had previously been registered by Shorinji Kempo Unity ("SKU") and if so whether there was any likelihood of confusion for the purposes of s.5 (2) of the Act. The Parties SKU is an entity whose function is to hold the intellectual property rights of the World Shorinji Kempo Organisation ("WSKO") . WKSO had many branches or affiliated organizations around the world. According to WSKO's website, Shorinji Kempo is a Japanese martial art founded in the town of Tadotsu in 1947. The B...