Crafts Group LLC v MS Indeutsch International [2024] EWCA Civ 87

Michael Edenborough KC and Stephanie Wickenden have successfully represented Crafts Group in their appeal to the Court of Appeal in Crafts Group LLC v MS Indeutsch International [2024] EWCA Civ 87.

This long-running dispute concerns trade mark rights and goodwill in patterned knitting and crochet needles. Crafts Group instigated invalidity proceedings of the Defendants’ EU trade mark in the EU IPO in 2013 which, owing to multiple appeals and remissions, remain ongoing and are expected to last in the region of a further 5 years. In 2015, Knit Pro issued two Amazon takedown requests in respect of Crafts Group's products. Crafts Group claimed for relief for unjustified threats of trade mark proceedings in 2020, prior to the departure of the UK from the EU. By the time the Defence and Counterclaim was issued, the UK had left the EU.

Knit Pro counterclaimed for infringement of the challenged EU trade mark and sought a stay of the entirety of the UK proceedings pending the determination of its invalidity. Crafts Group denied the UK Court had any jurisdiction to hear the counterclaim under the EU Trade Mark Regulation, and resisted the stay. At first instance, HHJ Hacon imposed a stay of the matters relating to the EU trade mark under Art 132 of the EUTMR, and stayed the remainder of the proceedings under the Court's discretionary power. Following a supplementary judgment and permission to appeal being granted, the EU TM counterclaim was withdrawn but Knit Pro still maintained that the remainder of the proceedings should still be stayed. The Court of Appeal granted the order sought by Crafts Group, staying only the validity counterclaim in respect of the UK comparable mark (EU).

The Court of Appeal's judgment can be found here.

Related Barristers

Michael Edenborough KC

Call: 1992
Silk: 2010

Stephanie Wickenden specialises in intellectual property, art and media law.

She has experience in commercial chancery cases in the creative and technology sectors, including contractual and tortious IT disputes, contentious trusts and estates matters involving creative assets, and shareholder and directors’ disputes involving IP breaches. A significant proportion of her practice has an international element, including cases involving disputed jurisdiction, foreign law, and service and enforcement out of the jurisdiction.

With a background in art and theatre, combined with expertise in IP, commercial and private international law, Stephanie is uniquely placed to advise on contentious and non-contentious matters relating to art and cultural property. Having spent three years at a top international law firm, she also advises on IP transactions and licensing.

Stephanie enjoys working as part of a team and is confident acting as sole counsel. She is regularly instructed in significant Intellectual Property cases before the UK courts, often unled and against KCs, including Thatchers v Aldi [2025] EWCA Civ 5 and EasyGroup v Nuclei and others [2023] EWCA Civ 1247. She has appeared before the CJEU (General Court), Court of Appeal, High Court and IPEC, and in registry proceedings before the UK IPO and EUIPO.