Reported Cases
Planetart LLC v Photobox Ltd & Anor (Rev 2) [2020] EWHC 713 (Ch) (25 March 2020)
([2020] Bus LR 2048, [2020] EWHC 713 (Ch), [2020] WLR(D) 266; - successful defence of a trade mark infringement claim where trade mark is descriptive
Planet Art LLC & Anor v Photobox Ltd & Anor [2019] EWHC 1688 (Ch) (02 July 2019)
([2019] EWHC 1688 (Ch) - successful defence of an interim injunction
Planet Art LLC & Anor v Photobox Ltd & Anor [2019] EWHC 2436 (Ch) – admissibility of survey evidence
Nestec SA & Ors v Dualit Ltd & Ors [2013] EWHC 923 (Pat)
In this action it was alleged by Nestec that supplying compatible coffee capsules for Nespresso machines infringed two patents covering machines which used them. It was accepted by Nestec that the capsules were not novel and would also fit Nespresso machines not covered by the patents. It was argued that the supply of the capsules constituted contributory infringement under section 60(2) of the Patents Act. Arnold J held that the patents were invalid and, if valid, were not infringed. He said both that the supply of the capsules did not lead to a “making” of the machine with a capsule, following the recent decision of the Supreme Court in Schutz v Werit and that owners of the machines were impliedly licensed to use other capsules in Nespresso machines.
W.S Foster & Son Ltd v Brooks Brothers UK Ltd [2013] EWPCC 18
Claim for passing off by bespoke shoemaker Foster & Son against American fashion chain Brooks Brothers.
Ifejika v Ifejika [2010] FSR 29 & [2010] FSR 7
Validity of registered design for contact lens cleaning kit.
Patents Court & Court of Appeal
Daimler Ag v Sany Group Company Ltd [2009] EWHC 1003
Infringement and validity of Community Trade Marks. Successful defence of class headings of a trade mark registration in Class 7.
Knorr-Bremse Commercial Vehicles Ltd v Haldex Brake Products GmbH [2008] EWHC 156 (Pat)
Patent for braking systems for commercial vehicles. Declaration of non-infringement. Previous agreement between claimant’s parent company and the defendant in Germany. Whether jurisdiction clause governed by Council Regulation 44/2001. Whether stay of proceedings should be granted.
O/161/07 EXTREME Trade Mark
Trade Mark revocation Decision on how evidence should be considered.
DaimlerChrysler v. Alavi [2001] RPC 42 (Pumfrey J. Registered & Community trade marks infringement and validity).
Tripp Ltd v Landor & Hawa Intl Ltd [2004] All ER (D) 270 (Ch).
A High Court dispute concerning design right infringement, trade mark infringement and international domain name and trade mark squatting. Successful defence of security for costs application of highly geared company.
Ghazilian's Application [2001] RPC 33.
An appeal before the Appointed Person concerning the morality of an application for a registered trade mark.