Blog Post
BMW heads in the right direction after its journey to the Court of Appeal
The issue of how unauthorised dealers may make use of trade marks in relation to genuine spare parts and repair services has often sat uncomfortably in the context of trade mark infringement. Following the Court of Appeal's recent decision in BMW v Technosport, there is now clarification as to when a brand owner may object to use of their marks which goes further than merely describing the services offered and implies an association with the brand owner.
Blog Post
Infringing website in the dog house
In a recent case, the Intellectual Property Enterprise Court has ruled in favour of the restaurant chain Zuma, in a trade mark infringement dispute with a website selling pet products.
Blog Post
Ruling from IPEC calls for less of a bracket: General Civil Restraint Order granted against serial litigator
Civil restraint orders (CVOs) prevent individuals from bringing claims or applications which are without merit. CVOs commonly require their subject to obtain court permission before further claims or applications relating to a particular cause of action (i.e. a claim for patent infringement) can be issued. In Perry v FH Brundle & Ors [2017] EWHC 678 (IPEC), the court granted a 'general' CVO which restricts Mr Perry not only from bringing claims relating to a particular cause of action (an alleged infringement of his patent), but goes significantly further and restricts him from filing any claim or application in court without permission at all.
Blog Post
Part 36 Offers in the IPEC: Indemnity Costs Trump Scale Costs
In the recent decision of Phonographic Performance Ltd v Hagan t/a The Brent Tavern & Ors [2016] EWHC 3076 (IPEC), HHJ Hacon in the Intellectual Property Enterprise Court (IPEC) held that neither the stage costs, as set out in Table A in Section IV of Practice Direction 45, nor the overall cost cap set out in CPR 45.31(1), displace the rules relating to Part 36 Offers.
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Unlocking the secrets of unregistered designs
In a recent UK unregistered design right (UDR) decision the Intellectual Property Enterprise Court (IPEC) found UDRs in the design of a locker (and the designs in parts of the locker) had been infringed by a competitor's locker and its parts. This is an important procedural decision as the IPEC has indicated a preference for design charts in UDR cases.
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Tala's claim for passing off didn't measure up
The Intellectual Property and Enterprise Court (IPEC) has dismissed a claim for passing off brought by the company that makes and distributes the retro "Tala" measuring cup.