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Recent cases

IPCom GMBH & Co KG v HTC Europe Co Ltd29 October 2013Adrian Speck QC  and James Abrahams recently appeared for HTC, in its appeal from the first instance judgment of Roth J declining to order a stay of infringement proceedings in the Patents Court pending the outcome of opposition proceedings in the European Patent Office (“EPO”). In considering the appeal, Floyd LJ, with whom Patten and […]
Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat)16 October 2013Henry Ward  recently appeared with Roger Wyand QC for Lonsdale Sports Limited, the well-known sporting goods company. Lonsdale successfully appealed the decision of the Trade Mark Registry to register the respondent’s mark. Lonsdale had opposed registration on various grounds, including that the respondent’s mark took unfair advantage or was detrimental to the distinctive character or […]
J W Spears & Sons Ltd, Mattel inc , Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 11759 October 2013James Mellor QC recently appeared with Phillip Roberts for the successful respondent Zynga in an appeal from summary judgment handed down in JW Spear & Sons Ltd and Mattel Inc v. Zynga [2012] EWHC 3345 (Ch). At first instance, Arnold J found for Zynga. He held that the claimants’ UK registered trade mark, for a […]
BBC -and- Eos27 September 2013In the last week of September, Lindsay Lane appeared in the Copyright Tribunal representing the BBC in a dispute with the collecting society, Eos. Unusually, the Copyright Tribunal was sitting in Wales (in Caernarfon Crown Court) so that a number of witnesses from both sides could give evidence in Welsh, with simultaneous translation. The Copyright […]
Assos of Switzerland SA v ASOS Plc [2013] EWHC 2831 (Ch)19 September 2013Daniel Alexander QC and Andrew Lykiardopoulos recently appeared in the High Court acting for the successful Defendant in Assos of Switzerland SA v ASOS Plc [2013] EWHC 2831 (Ch). The case concerned alleged community trade mark infringement and passing off by ASOS Plc through the use of the mark ‘ASOS’ which was alleged to infringe […]
Bettys and Taylors Group Ltd v Rivington Foods Limited (IPO)13 August 2013Trade Mark Registry Opposition. The well known Betty’s Tearooms of Harrogate, York and Ilkley opposed Rivington Foods Limited’s Application for a UK trade mark for “Chocolately Rascal” for chocolate biscuits. Betty’s opposition was based on its earlier trade marks for “Little Rascal”, “Fat Rascal” and “Yorkshire Fat Rascal” for similar and identical goods. Betty’s had […]
Resolution Chemicals v H Lundbeck A/S [2013] EWCA Civ 92431 July 2013Michael Tappin QC and Mark Chacksfield recently appeared in the Court of Appeal acting for the successful respondent in Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 924. The appeal was brought against the decision of Mr Justice Arnold, in which he held inter alia that Resolution was not estopped from bringing an […]
Sudarshan Chemical Industries Ltd v Clariant Produkte GmbH [2013] EWCA Civ 91930 July 2013Martin Howe QC and Henry Ward appeared in the Court of Appeal for Sudarshan, successfully resisting an appeal by Clariant from the Patents Court decision [2012] EWHC 1569 (Ch). The case concerned a pigment and its crystal forms. Clariant owned patents in Europe and elsewhere (the “First Patents”) which disclosed the new pigment and a […]
HTC v Gemalto [2013] EWHC 1876 (Pat)10 July 2013James Mellor QC and Michael Tappin QC recently appeared in the High Court in HTC v Gemalto [2013] EWHC 1876 (Pat), James Mellor QC appearing for the Defendant alongside Guy Burkill QC and Miles Copeland, and Michael Tappin QC appearing for the Claimant with Ben Longstaff. The case concerned an action for revocation of two […]
Evegate Publishing Limited v Newsquest Media (Southern) Limited [2013] EWHC 1975 (Ch)10 July 2013John Baldwin QC and Isabel Jamal recently appeared in the High Court for the successful defendant in Evegate Publishing Limited v Newsquest Media (Southern) Limited [2013] EWHC 1975 (Ch). The case concerned the publishing of a farming newspaper by the defendant, initially called ‘Southern Farmer’ and later called ‘The Southern Farmer’. The claimant alleged that […]