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Bambino Mio Ltd v Cazitex NV [2009] EWCA Civ 92229 July 2009This action involved a claim for Section 10(2) TMA 1994 trade mark infringement in relation to the Defendant’s, Cazitex’s, reusable nappies. The UK trade mark (registered for inter alia nappies) in issue was ‘Bambino Mio’, the potentially infringing mark ‘Bambineo’. After the High Court trial the claim was dismissed, the Judge finding in favour of […]
Whirlpool Corp. and another v Kenwood Limited [2009] EWCA Civ 75323 July 2009Represented by members of chambers on both sides, this action is of great importance in the context of the alleged infringement of three dimensional trade marks by the shape of goods. The action involved allegations of trade mark infringement and passing off in relation to a new Kenwood food mixer, the “kMix”, brought by the […]
Generics [UK] Ltd v Daiichi Pharmaceutical Co Ltd [2009] EWCA Civ 6462 July 2009Michael Tappin appeared for the claimant on this appeal from a judgment of Kitchin J [2008] EWHC 2413 on a trial in which James Mellor QC had also appeared for the claimant.  The case concerned the validity of a patent and SPC for the enantiomeric antimicrobial levofloxacin. 
Ivax International BV v Glaxo Group Ltd [2009] IEHC 27726 June 2009Michael Tappin QC and James Whyte appeared for the successful claimant in this trial in the High Court of Ireland. The trial, which lasted six weeks, concerned the validity of the Irish patent covering Glaxo’s Seretide® inhaler product. Both Michael and James have now appeared in two patent trials in the High Court of Ireland: […]
Napp Pharmaceutical Holdings Ltd v Ratiopharm GmbH & Sandoz Ltd [2009] EWCA Civ 2521 April 2009In March 2009 Michael Tappin appeared as junior counsel for Napp at the first instance hearing and as lead counsel in the Court of Appeal. Mark Chacksfield acted for Sandoz. The patent in suit was for a controlled release formulation of an analgesic called Oxycodone, a drug that had commonly known for many years. Napp […]