Cases


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Marks and Spencer Plc v Aldi Stores Ltd, [2023] FSR 17

Area of Law: Intellectual Property

Thomas Elias acted for Aldi in this registered design case concerning the Christmas illuminated snow-globe Gin Bottle. Permission to appeal to the CoA has been granted, and Michael Edenborough KC will lead Thomas in that appeal.

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Entertainment One UK Ltd v Cong Ty Tnhh Tu Cong Nghe Va Dich Vu Sconnect Vietnam, [2023] ECDR 10, [2023] 1 WLR 233

Area of Law: Intellectual Property

Michael Edenborough KC, leading Gwilym Harbottle of Hogarth Chambers and John Eldridge of Serle Court, acted for the successful claimant in securing service of the originating documents by email. This case provided clear guidance of what previously was an unclear procedure.

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Mohammed v Daji

Area of Law: Charities

Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the successful claimants in Mohammed v Daji [2023] EWHC 2761 (Ch). The successful claim was to establish that a very substantial site at Abbey Mills in East London is held by the claimants on a charitable trust associated with a particular Sunni Muslim community in the London region. The judgment of HHJ Cadwallader, sitting as a Chancery Judge, is of significance for trusts and charities lawyers. In particular, the judgment sets out and applies the law relating to trusts established by charity appeals to a complicated factual history, and further develops the principle of delegated authority to declare charitable trusts in Attorney-General v Mathieson  [1907] 2 Ch 383.

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easyGroup v Nuclei (and others) [2023] EWCA Civ 124

Area of Law: Intellectual Property

Stephanie Wickenden (led by outside leading counsel) represented easyGroup in the Court of Appeal (having also appeared at trial). The appeal gave significant guidance on non-use, confusion and the defence of honest concurrent use.

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DNA Nudge Limited v Ventura Capital GP Limited

Area of Law: Company

On 9 October 2023 the Court of Appeal handed down its judgment in DnaNudge Ltd v Ventura Capital GP Ltd [2023] EWCA Civ 1142.

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easyGroup v Easy Life

Area of Law: Intellectual Property

Stephanie Wickenden and Stefano Braschi acted for easyGroup against the band Easy Life that was using imagery redolent of the airline. The band undertook to change its name. The case was widely reported in the popular press.

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Freeholders Limited v Batin & Donovan

Area of Law: Property

The High Court (Richards J) has handed down its second judgment in Prescott Place Freeholders Limited v Batin & Donovan [2023] EWHC 1445 (Ch), in which Michael Walsh acted for the successful Claimants. This judgment deals with the consequential matters arising from the findings of fact at trial (see [2023] EHWC 435) (the “Trial Judgment”).

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M L Technology v B.E.A.T. SAM

Area of Law: Intellectual Property

Thomas Elias acted for the claimants in this cross-jurisdictional trade mark dispute arising in the context of a sale of shares in one of the defendant companies.  At an interim hearing, the claimants resisted applications for a stay and for security for costs, and obtained an unless order against the defendants.

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Prescott Place Freeholders Limited & Others v Batin & Donovan [2023] EHWC 435

Area of Law: Property

Mr Justice Richards' judgment in Prescott Place Freeholders Limited & Others v Batin & Donovan [2023] EHWC 435 is essential reading for those interested in tenants’ rights of first refusal under the Landlord and Tenant Act 1987.  Michael Walsh acted for the successful Claimants.

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