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Thatchers Cider v Aldi [2024] EWHC 88 (IPEC)24 January 2024In 2020, Thatchers Cider Company launched a new product, Cloudy Lemon Cider, and applied its registered trade mark No. 3489711 to the cans and to the 4-can cardboard cartons:         The Cloudy Lemon product was successful, and in May 2022 Aldi launched their own cloudy lemon cider product under their Taurus house […]
Safestand v Weston Homes [2023] EWHC 3250 (Pat)19 December 2023Andrew Lykiardopoulos KC and Henry Edwards represented the Claimant (“Safestand”) in proceedings brought against the Defendants (“Weston”) for infringement of three of Safestand’s patents, and three of its registered designs (“RRDs”). Weston counterclaimed for invalidity of (i) two of the patents (“EP 738” and “UK 822”), for obviousness; and (ii) all three RRDs, based on […]
Tyburn Film Productions v Broughton & Ors [2023] EWHC 3247 (Ch)8 December 2023Tom Moody-Stuart KC and Joshua Marshall appeared for the Claimant (“Tyburn”) and Jonathan Hill appeared for the Fourth and Fifth Defendants (together, “the Defendants”), in the Defendants’ application to strike out and/or obtain summary judgment on Tyburn’s unjust enrichment claim against them. The application, and Tyburn’s claims against other defendants in the proceedings, relate to […]
Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWCA Civ 14516 December 2023James St.Ville KC appeared for the appellant in this trade mark appeal, persuading the Court of Appeal for the first time after Brexit to depart from the case law of the European Court of Justice under section 6 of the European Union (Withdrawal) Act 2018.  It is now the leading UK case on the requirement […]
Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch)21 November 2023Mark Chacksfield KC and Henry Edwards appeared, instructed by Bruce Dearling of Hepworth Browne, for the successful appellant in this potentially important decision on appeal from the UKIPO.  The core issue was one that has not previously come before the Court: namely the correct application of the exclusion under the Patents Act 1977 for ‘programs […]