High Court: Intellectual Property Enterprise Court judgments, 2013

An extension of time to serve a claim form should be granted only in accordance with the overriding objective and the strict requirements governing service.…

Trade mark rights in a sign used by different businesses may coexist where consumers understand the sign through its commercial context and long use has…

Copyright protects the original expression of an artistic idea, not the idea or general style alone. In assessing infringement, the court must identify the…

Costs limits in the Intellectual Property Enterprise Court depend on when proceedings were started. Transitional provisions preserving the former limits…

A malicious falsehood claim may be arguable where the defendant’s statement expressly attacks information produced by a competitor, even though it also…

An interim payment may be ordered where the court is satisfied that the claimant will recover a substantial sum, including where alternative remedies ensure…

UK unregistered design right may subsist in a discernible aspect of an article’s shape or configuration, including part of a larger article. A claimed feature…

In IPEC proceedings, the court’s capped-costs regime continues to apply when a claim is resolved by acceptance of a Part 36 offer. The regime may be displaced…

For a patent claim requiring an oleophilic layer in a self-supporting wall, a product containing a separate oleophilic liner placed against a supporting frame…

Permission to appeal requires a real prospect of success or another compelling reason under Part 52.3(6). An arguable error will not justify permission where…

A trade mark application is made in bad faith only where the applicant’s conduct falls below the standards of acceptable commercial behaviour. The court must…

Passing off requires goodwill or reputation, a defendant’s misrepresentation, and actual or likely damage. Goodwill need not be extensive, but it must be more…