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Trade Marks: Lifestyle Equities v Amazon

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Author Mcwesty   Licence Public Domai n Source Wikimedia Commons   Jane Lambert Supreme Court (Lords Hodge, Briggs, Hamblen, Burrows and Kitchin)  Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8 (6 Mar 2024) The Beverly Hills Polo Club  is a popular range of clothing and luxury goods on both sides of the Atlantic.  The Dutch companies Lifestyle Equities  CV and Lifestyle Licensing BV ("Lifestyle"), hold the Beverly Hills Polo Club brands in the European Union and UK.  An unconnected business that holds corresponding rights in the USA supplies Beverly Hills Polo Club branded goods to the American market.  Amazon.com Inc. and its subsidiaries ("Amazon") are one of the American supplier's distributors in the USA.  They market those goods on their US website,  Lifestyle has complained that consumers in the UK have purchased goods intended for the American market from that website and imported them into the UK thereby infringing

The Flitcraft Appeal - Flitcraft Ltd and others v Price and another

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Author Sodacan   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons Jane Lambert Court of Appeal (The Master of the Rolls, Lord Justice Nugee and Sir Christopher Floyd)  Flitcraft Ltd and others v Price and another [2024] EWCA Civ 136 (27 Feb  2024) On 31 Jan 2024, the Court of Appeal (consisting of The Master of the Rolls, Lord Justice Nugee and Sir Christopher Floyd) heard two separate appeals against orders by Nicholas Caddick KC in proceedings that had been brought by Philip Price ("Mr Price") and others against Flitcraft Ltd ("Flitcraft") and others for patent and copyright infringement and passing off.   I commented on the main trial of that action in  Patents, Copyright and Passing off - Price v Flitcraft Ltd   on 16 Jan 2023 and in A Patent Trial in Manchester at Last - Price v Flitcraft Ltd   on 17 Jan 2023 in IP Northwest and on Mr Caddick's judgment on costs following a further hearing on 16 March 2023 in Costs - Price v Flitcraft   on 7 April 202

Registered Designs - The Appeal in Marks and Spencer Plc v Aldi Stores Ltd

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Jane Lambert Court of Appeal (Lords Justice Lewison, Moylan and Arnold) Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 Feb 2024) This was an appeal against the relief granted to Marks and Spencer Plc ("M&S") by His Honour Judge Hacon for infringement of the above-registered designs by Aldi Stores Ltd. ("Aldi") for the reasons set out in   Marks and Spencer Plc v Aldi Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 which I discussed in  Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd . on 20 Feb 2023.  Aldi appealed on 7 grounds with the permission of Judge Hacom and Lord Justice Arnold while M&S raised another in a respondent's notice.  The appeal came before Lord Justices Lewison, Moylan and Arnold on 23 Jan 2024 who handed down judgment on 27 Feb 2024.   By para [64] of his judgment in  Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178., Lord Justice Arnold dismissed the appeal.  Lord Justices Moylan and Lewiso