IP Cases & Articles
IPEC insights: Tipping v Smith – pricing the hypothetical licence in a damages inquiry
In Tipping v Smith, the Intellectual Property Enterprise Court (IPEC) awarded damages of £56,850 to the successful claimant on the basis that the parties would have agreed a notional licence fee of £37.50 per social media post. The decision also…
IPEC insights: easyGroup Ltd v Cubico (UK) - easyGroup’s not so easy claims of infringement, passing off and invalidity
easyGroup did not satisfy the IPEC that the easyGroup family of marks were infringed by Cubico’s "Easy Bathrooms".
IPEC insights: Advance Magazine Publishers v Cornucopia Entertainment – exclusive event advertising can be trade mark infringement and passing off
Magazine publishers and event organisers Advance Magazine Publishers Inc together with their UK subsidiary and licensee The Condé Nast Publications Limited (claimants), claimed Cornucopia Entertainment Limited and it’s founder Minesh Vohra (defendants) infringed its Vanity Fair and GQ trade marks…
IPEC insights: Easygroup v Easyfeetstore - easyGroup’s claims of infringement, passing off and invalidity left flatfooted again
The Intellectual Property Enterprise Court (IPEC) finds that having the common word “easy” is not enough for a finding that EASYFEET infringes easyGroup’s rights.
IPEC insights: Duadata v Tian Cha Le – damages secured by reference to hypothetical franchisee
The Intellectual Property Enterprise Court (IPEC) considers the quantification of a damages claim based on fees that would have been payable under a hypothetical franchise agreement.
IPEC insights: Prosecco PDO Consortium v Prosecco International - court refuses to cork Prosecco claim
The IPEC has dismissed a strike-out bid by a British spirits company accused of misusing the protected Prosecco name, allowing the case to proceed to trial. The decision tackles jurisdiction, parallel proceedings and protected designation of origin (PDO) protections.
IPEC insights: Wang Zheng v Bing Bing Foods - unsuccessful attacks on fruit varietal trade marks
MOUNTAIN PEAR and YU LU FRAGRANT PEAR registrations survive genericism, descriptiveness and non-distinctiveness attacks.
IPEC insights: Dryrobe v D-Robe - why policing your trade mark matters
The decision of the Intellectual Property Enterprise Court (IPEC) in Dryrobe v D-Robe considers issues of genericism in trade mark infringement claims and offers a reminder to brand owners about the importance of protecting the distinctiveness of their brands.
IPEC insights: Luxe World v Touch of Vogue - account of profits not available in threats action
The Intellectual Property Enterprise Court (IPEC) has issued a helpful decision in an interim strikeout application confirming that an account of profits is not available as a remedy in an unjustified threats action. Whilst this decision specifically concerns registered designs,…
IPEC insights: Edozo v Valos - no copyright protection in functionality (the limits of software copyright)
This recent Intellectual Property Enterprise Court (IPEC) decision concerned an application by Edozo Limited (the claimant) against Valos (UK) Limited (the defendant) to strike out parts of Valos’s defence and counterclaim.