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…
Agnieszka Stephenson
Agnieszka Stephenson
Associate, Solicitor
IPEC insights: Tipping v Smith – pricing the hypothetical licence in a damages inquiry

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".
Ella Lane
Ella Lane
Associate, Solicitor
Oscar Webb
Oscar Webb
Partner, Solicitor
IPEC insights: easyGroup Ltd v Cubico (UK) - easyGroup’s not so easy claims of infringement, passing off and invalidity

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…
Frankie Thomas
Frankie Thomas
Legal Assistant
Oscar Webb
Oscar Webb
Partner, Solicitor
IPEC insights: Advance Magazine Publishers v Cornucopia Entertainment – exclusive event advertising can be trade mark infringement and passing off

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.
Ella Lane
Ella Lane
Associate, Solicitor
Oscar Webb
Oscar Webb
Partner, Solicitor
IPEC insights: Easygroup v Easyfeetstore - easyGroup’s claims of infringement, passing off and invalidity left flatfooted again

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.
Ella Lane
Ella Lane
Associate, Solicitor
Oscar Webb
Oscar Webb
Partner, Solicitor
IPEC insights: Duadata v Tian Cha Le – damages secured by reference to hypothetical franchisee

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.
Kamila Geremek
Kamila Geremek
Associate, Solicitor
IPEC insights: Prosecco PDO Consortium v Prosecco International - court refuses to cork Prosecco claim

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.
Agnieszka Stephenson
Agnieszka Stephenson
Associate, Solicitor
IPEC insights: Wang Zheng v Bing Bing Foods - unsuccessful attacks on fruit varietal trade marks

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.
Kamila Geremek
Kamila Geremek
Associate, Solicitor
IPEC insights: Dryrobe v D-Robe - why policing your trade mark matters

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,…
Phil Leonard
Phil Leonard
Associate, Solicitor
Oscar Webb
Oscar Webb
Partner, Solicitor
IPEC insights: Luxe World v Touch of Vogue - account of profits not available in threats action

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.
Ella Lane
Ella Lane
Associate, Solicitor
Oscar Webb
Oscar Webb
Partner, Solicitor
IPEC insights: Edozo v Valos - no copyright protection in functionality (the limits of software copyright)