Successful claimants in litigation in the UK can normally choose between (i) an account of profits and (ii) an inquiry as to damages. But what happens if you choose one of these options, and then change your mind? This question was addressed in the recent judgment of His Honour Judge Hacon in the IPEC (Fit Kitchen Ltd & Anor v Scratch Meals Ltd & Ors). Back in 2020, he found in favour of Fit Kitchen on trade mark infringement and passing off claims, based on its UK trade mark

A fascinating recent judgment by Recorder Amanda Michaels concerned allegations that UK and EU trade marks for FUNTIME, FUN TIME and FUN-TIME for games, toys and playthings and electronic games in class 28 were infringed by action figures, pop vinyl and plush toys sold under the names Funtime Freddy and Funtime Foxy (Luen Fat Metal and Plastic Manufactory Co Ltd v Funko UK, Ltd). These products were derived from the ‘Five Nights at Freddy’s’ (FNAF) horror video game franchise

In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the EU. That was the conclusion of Sir Julian Flaux, Chancellor of the High Court, in his judgment in a dispute between Easygroup and Beauty Perfectionists (& others) over the latter’s use of the name easyCOSMETICS. Under the EUTM Regulation, EU member states can designate national courts as EU trade mark courts. These courts have jurisdiction t

Although EU law is no longer binding on the UK, in practice, the laws remain the same and what happens in the EU courts will continue to have a bearing on UK practice for some time to come. That means that we still need to keep up to date with the latest decisions of the European Court of Justice and the EU General Court. The General Court is a particular hotbed of IP activity as it considers a large number of appeals from EUIPO concerning EU trade marks and registered Commun

What connects Leonardo Da Vinci, a Christmas miracle and the possible award of exemplary damages? The answer lies in a recent High Court judgment by Mr Justice Jacobs (Salt Ship Design AS v Prysmian Powerlink SRL). The case concerned designs for a cable lay vessel produced by Salt Ship Design for Prysmian. The judge found that Prysmian (a company with annual revenue of €10 billion) had made the designs available to another designer, Vard Design AS, which was associated with t