A case about rival builders and insulated timber framed panels had a bit of everything: patent & copyright infringement, passing off...

Mr Justice Mellor has declined to grant an interim injunction in a passing off case concerning vodka bottles. The case was brought by Au Vodka Limited, whose Au Vodka brand was launched in 2015, against NE10 Vodka Limited, which launched its vodka brand in August this year. The rival bottles are pictured side-by-side below. Shortly after NE10's product launched, on 2 September 2022, Au Vodka’s solicitors sent a letter before action and issued a claim for passing off. Followin

The High Court has upheld a UK IPO finding that the registration of a UK trade mark for RED DAWG should be refused under Section 5(3) of the Trade Marks Act, as it would take unfair advantage of the earlier mark RED BULL. The application to register RED DAWG was filed by Monster Energy Company, which appealed the UK IPO finding to the High Court. The Court’s judgment was published on 12 August 2022 and the case is Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (

The 1970s band The Rubettes, known for the song “Sugar Baby Love”, were at the centre of a passing off judgment this month (Alan Williams Entertainments Ltd & Anor v Clarke & Ors). The claim was brought by one former member of the band, Alan Williams, and his company Alan Williams Entertainments Limited (AWEL) against two other former members, Mick Clarke and John Richardson, and a third performer, Steve Innes Etherington. The defendants had performed using the name “The Rube

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