NIPC Law

Entrance to the Rolls Building where IPEC sits By Muhammad Karns - Judicial Office Twitter feed., CC BY-SA 4.0,  https://commons.wikimedia.org/w/index.php?curid=78284579   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Leeds Plywood & Doors Ltd v Deanta UK Ltd [2025] EWHC 1376 (IPEC) (3 Jun 2025) This transcript records Recorder Amanda Michaels's judgments in two interim applications: The defendant's application to strike out certain paragraphs of the claimant's managing director's witness statement and a cross-application by the claimant to strike out part of the witness statement of one of the defendant's witnesses; and  The claimant's application for specific disclosure. These applications seem to have been made at a very late stage because the recorder said at para [3] of her judgment that the trial was to take place in July.  The cause of action is not made clear, but as both parties make doors and there are references ...

  Jane Lambert Intellectual Property Enterprise Court (Pat Treacy)  JBC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480 (IPEC) (23 June 2023) This was an application for summary judgement on a claim for trade mark infringement and the striking out of a defence and counterclaim for groundless threats and reimbursement for unsold stocks returned by Sainsbury's The applications came on before Pat Treacy sitting as a deputy judge of the High Court on 9 June 2023.   By para [43] of her judgment which she handed down on 23 June 2023, the learned deputy judge dismissed the summary judgment application and the application to strike out the defence (see J BC Distributors Inc and another v Mudahy (t/a Pak Cosmetic Centre) and another [2023] EWHC 1480).  She also struck out the counterclaim for reimbursement for unsold stocks but not the counterclaim for unjustified threats. The Claim The claimant is the registered proprietor...

Author Paste   Licence CC BY-SA 3.0     Soutce Wikimedia   Jane Lambert intellectual Property Enterprise Court  (John Kimbell QC)  Photobooth Props Ltd and another v NEPBH Ltd and others    [2022] EWHC 750 (IPEC) (1 April 2022) These were interlocutory applications by both claimants and defendants in an action for copyright infringement and rescission of a contract. The works alleged to have been infringed were artwork for the panels on the outside of photo booths known as "skins". The claimants claimed copyright in works that had been made by one Lie Xie, a director of the second claimant, whch were referred to as "the new works" and works in which copyright was said to have been assigned to the second claimant by the first defendant known as "the assigned works". The claimants applied for summary judgment under CPR Part 24  of their copyright claim,  The defendants applied to strike out allegations of fraudulent misrepresentation in su...

By Skyring at the English language Wikipedia, CC BY-SA 3.0,  https://commons.wikimedia.org/w/index.php?curid=6852664 Jane Lambert Chancery Division (Mr Justice Warby)  HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) (11 Feb 2021) Her Royal Highness, the Duchess of Sussex, brought proceedings against the publisher of The Mail on Sunday and The Mail Online for publishing large parts of a letter that she wrote to her father on 27 Aug 2018.  Her causes of action were breach of statutory duty under the Data Protection Act 2018, misuse of private information and copyright infringement.  I discussed earlier hearings in this litigation in  Practice - Mail's Strikeout Application   on 17 May 2020 and  Confidentiality - Duchess of Sussex v Associated Newspapers Ltd   on 13 Aug 2020.  The Application This was an application by the duchess to strike out the publisher's defence to her claims for misuse of private information an...

Jane Lambert   Patents Court (Mr Justice Birss) IPCom GmbH & Co Kg v HTC Europe Co Ltd and others [2020] EWHC 2941 (Pat) (4 Nov 2020) This was an application by the defendants to strike out part of the  points of claim in an inquiry as to the claimant's damages for patent infringement that had been ordered by the Chancellor, Sir Geoffrey Vos, on 17 Dec 2019. The claimant claimed millions of dollars whereas the defendants contended that it was entitled only to a small percentage of that sum. The patent in suit was EP (UK) 1 841 268   which had been declared essential to an ETSI telecommunications standard.  The claimant had given an undertaking to license the use of the patent to implementers of the standards on FRAND (fair, reasonable and non-discriminatory) terms.  The patent had been the subject of litigation for many years.  When the case came on before the Chancellor the patent had only a few more weeks to run.  The defendants withdrew t...

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 ...

Basher Eyre /  Junction of Fetter Lane and Rolls Buildings  /  CC BY-SA 2.0 Jane Lambert Chancery Division (Mr Justice Warby)  Duchess of Sussex v Associated Newspapers Ltd (Rev 1) [2020] EWHC 1058 (Ch) (1 May 2020) This was an application by the publisher of the Mail on Sunday  and the Mail Online  to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex  and later the reply  in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation .  The complaint arises from the newspaper's publication of a letter from the duchess to her father on 10 Feb 2019. Nature of the Application It is important to understand from the outset that this was a procedural application and that no decision has been made on the merits of the Duchess o...

Jane Lambert  Chancery Division (HH Judge Briggs)  Anglo Atlantic Media Ltd v Slater and others [2020] EWHC 710 (Ch) (8 April 2020) This was an application to strike out proceedings that had been launched by the registered proprietor of the above trade mark  against the musician,  Rodney Slater , and others who had played together as The Bonzo Dog Doo-Dah Band  in apparent retaliation for their application in the Trade Marks Registry to cancel the registration.  The musicians' application was heard by Mr Oliver Morris on behalf of the Registrar on 5 Sept 2019 who delivered his decision declaring the registration invalid on 30 Oct 2019 (see  Re Bonzo Dog Doo-Dah Band, Spear and others v Anglo Atlantic Media Ltd, O/664/19 30 Oct 2019). The former proprietor of the trade mark and the claimant in the retaliatory proceedings was a private company incorporated with limited liability in England and Wales in the name of Anglo Atlantic ...