The question of whether a trade mark infringement case should be transferred from or to the IP Enterprise Court (IPEC) remains a key question. This case concerned a transfer from the High Court (Shorter Trials Scheme) to the IPEC (Lappet Manufacturing Company Ltd & Anor v Rassam & Ors). The case concerns the alleged infringement of three trade marks for yashmaghs (head shawls). The claimants, Lappet and another company, brought the action in the High Court‘s new Shorter Trial

In a blog post last year, we reported on the IPEC judgment in Wirex v Cryptocarbon Global concerning infringement of the trade mark CRYPTOBACK. Following that decision, Wirex elected for an inquiry as to damages. The defendants failed to respond promptly to that action, then abused the court process by resisting the joinder of a fifth defendant and did not pay costs ordered by the court. They also launched unsuccessful applications to appeal the Court’s orders, and maintained

An interactive dining show titled “Only Fools the (cushty) Dining Experience” (OFDE) infringed copyright in the popular TV comedy “Only Fools and Horses” (Only Fools), Deputy High court Judge John Kimbell QC has ruled in a recent IPEC. He also found that there was passing off. The case was brought by Shazam Productions, which was formed to exploit the IP rights of John Sullivan, the creator and writer of Only Fools. Shazam argued that OFDE, which was developed in 2018, used r

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

The Court of Appeal has upheld a ruling by HHJ Hacon in the IPEC (first covered on the blog here) that copyright in a number of literary works consisting of computer software belonged to the claimant’s employer. The Court of Appeal’s decision is Penhallurick v MD5 Ltd. At first instance, HHJ Hacon found that (i) all the relevant works were created in the course of employment and that, (ii) in any case, rights were assigned to the employer by a November 2008 agreement. Interpr