NIPC Law

Representation of the Registered Design Crown Copyright  Open Government Licence   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Barber v Wakefield and others [2024] EWHC 3058 (IPEC) (28  Nov 2024) This was a claim for the infringement of UK registered design number 4028780 for a locksmith's letterbox tool handle.  A representation of the design appears above,  His Honour Judge Hacon who tried the action said that it was the design of a tool to be manipulated through the letterbox of a front door to open the door without a key.  Typically the tool is used to assist individuals who are locked out of their homes though, as the judge remarked at para [21] of his judgment in Barber v Wakefield and others [2024] EWHC 3058 (IPEC) (28 Nov 2024), other uses could be imagined. Alleged Infringement The proprietor of the registered design alleged that Ultimate Tools Ltd and the individuals who ran that company had infringed his regis...

Jane Lambert In  AP Racing Ltd v Alcon Components Ltd [2013] EWPCC 3 (5 Feb 2013) A P Racing Ltd . sued Alcon Components Ltd.  for patent infringement in the Patents County Court. The patent in suit was UK patent GB 2 451 690 for " disc brake caliper body and a disc brake caliper comprising such a body". His Honour Judge Birss QC (as he then was) found the patent to be invalid for insufficiency at paragraph [123] of his judgment. However, he also found that had the patent been valid 4 of the 5 shapes of Alcon's callipers would have infringed claim 1 of A P Racing's patent. A P Racing appealed successfully to the Court of Appeal in  AP Racing Ltd v Alcon Components Ltd ,    [2014] RPC 27, [2014] EWCA Civ 40.  The Court restored the patent and ordered an inquiry as to damages or an account of profits.  The claimant elected an inquiry which came on before His Honour Judge Halcon in  AP Racing Ltd v Alcon Components Lt...

The National Guild of Removers and Storers is a trade association for the removal industry. According to its website "The Guild's priority has always been, and remains, consumer protection in an industry where there are no specific laws to protect the moving public" and its efforts in respect of consumer protection have been recognized by Which.  As a result, the Guild has a good reputation among the public making it advantageous to become a member.  The Guild has a number of trade marks which it allows its members to reproduce on their stationery, marketing literature and websites for so long as they remain members of the Guild. When a remover ceases to be a member of the Guild it is required to remove the trade mark and references to the Guild immediately. If it fails to do so the Guild sues it for trade mark infringement or passing off. The Guild has brought a number of infringement proceedings over the years against its former members and the damages that have...