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Plummy!

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Victoria Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd and Others [2016] EWHC 2911 (Ch) (18 Nov 2016)  Mr Justice Henry Carr

In this case, Victoria Plum Ltd. had registered the words VICTORIA PLUMB as a UK trade mark in relation to a range of goods and services in classes 11, 20 and 35 under trade mark number 3,066,332. The specified services include:
"the bringing together, for the benefit of others, of…[bathroom items]… enabling customers to conveniently view and purchase those goods… via a website." The question before Mr Justice Henry Carr was whether that trade mark was infringed by a process known as pay-per-click bidding.

Pay-Per-Click Bidding

Just about everyone who has ever used the internet will be familiar with Google, Yahoo and other search engines. Whenever a user wants to search the internet he or she enters search terms that the user thinks may be relevant into a slot on the search engine's web page and then clicks the "Search" symbol. Tho…

Where can you sue for trade mark infringement or passing off: AMS Neve v Heritage Audio

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AMS Neve Ltd and Others v Heritage Audio S.L. and Another[2016] EWHC 2563 (IPEC)

Mark Vallance Crabtree and Barnett Waddingham Trustees Limited are the registered proprietors of three trade marks for sound recording and processing equipment that are used by AMS Neve Ltd. in its business. Two of those are UK trade marks and the third is an EU mark. Heritage Audio SL is a Spanish company that trades in audio equipment. AMS Neve and the trade mark proprietors have brought proceedings against Heritage Audio and its sole director, Pedro Rodriguez Arribas, in the Intellectual Property Enterprise Court for trade mark infringement and passing off on the grounds that they have offered for sale and sold equipment by reference to signs confusingly similar to each of those marks in the United Kingdom and other places.

Heritage and Mr Arribas applied for an order that the English courts do not have jurisdiction to try the claim under CPR Part 11. The application came on before His Honour Judge Hac…

The Pregabalin Appeal: Generics v Warner Lambert

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Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC[2016] EWCA Civ 1006 (13 Oct 2016)

This was an appeal against two of Mr Justice Arnold's judgments. The first was his decision in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC[2015] EWHC 2548 (Pat) which I discussed in The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC18 Sept 2015. The second was his refusal to allow Warner-Lambert to amend certain claims of its patent after trial in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2015] EWHC 3370 (Pat) on the ground that the application was an abuse of the process of the court.

The Issues
Lord Justice Floyd, who delivered the lead judgment on the appeal, identified the issues before the Court of Appeal as follows in the first paragraph of his judgment:
"Firstly, did Arnold J correctly hold certain claims of the patent in suit invalid for insufficiency; and, if so, should he have held more claims invalid on that ground? Secondly…

Trade Secrets: Kerry Ingredients v Bakkavor Group

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Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd and Others [2016] EWHC 2448 (Ch) (7 Oct 2016) Mr Justice Newey


The issue in this case was whether a food manufacturer that had received secret information on the manufacture of edible infused oils from its supplier for health and safety and regulatory purposes only could use that information to develop its own range of infused oils.

The Parties
The claimant was a wholly owned subsidiary of Kerry Group Plc. The group describes itself as "the largest and broadest industry innovation and solutions provider in the global ingredients and flavours market." The Kerry Group produces more than 30 infused oils at its plant at Padiham near Burnley. Its main products, each of which is a clear liquid, are infused with mint, chilli, basil, lemon, garlic, rosemary or coriander. Those oils have a variety of uses. They can, for instance, be added to salads or pizzas, used as an ingredient of ready meals or diluted with olive oil for resale as an …

The Cialis Litigation - Actavis Group PTC EHF and Others v Icos Corp and Another

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Mr Justice Birss: Actavis and Others v Eli Lilly and Another [2016] EWHC 1955 (Pat) (10 Aug 2016) 

Although it is not spelt out anywhere in the 492 paragraphs and annexes to Mr Justice Birss's judgment, this complicated litigation appears to have been an action by a group of generics suppliers led by the Icelandic company Actavis Group PTC EHF for the revocation of European patent (UK) 1,173,181 entitled Composition comprising phosphodiesterase inhibitors for the treatment of sexual dysfunction and European patent (UK) 1,200,092 Beta-carboline drug products and a counterclaim against two of those companies for patent infringement. No less than 4 separate actions were consolidated in a trial that took place between the 15 June and 1 July 2016. Judgment was delivered on 10 Aug 2016.

Commercial Importance of the Litigation

The patents in suit (that is to say, the patents the subject of the litigation) concern tadalafil which is better known as Cialis. As everybody known Cialis is one …

Tripping: TripAdvisor v Handsam

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Handsam Ltd. describes itself as "a leading provider of online management systems, consultancy services and advice to both the business and education sectors." Its specialisms include health and safety management, policy writing and advice in all areas, security, fire, training and data protection. It has recently extended its online services to include a school trip planning system. Its systems claim to offer its clients guaranteed compliance, audit trails or chain of evidence collection and peace of mind for leaders, directors and managers.

By an application dated the 15 July 2014 Handsam applied to register the following sign as a trade mark for the following goods and services.





The specified goods and services were:

Class 16: Magazines; Books; Leaflets; Printed guides; Printed manuals; Printed matter for educational purposes; Teaching materials for education; Printed matter for instructional purposes.

Class 35: Business advice; Business management advisory services; Advice…