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Area of Law: Michael Edenborough KC
Michael Edenborough KC and Thomas St Quintin (Hogarth Chambers) (instructed by Brandsmiths) acted for the successful Respondent in the Supreme Court, which dismissed Amazon’s appeal on whether its amazon.com site had targeted customers in the UK. This now becomes the leading judgment on targeting and will provide helpful, detailed guidance on the matter.
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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.
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Michael Edenborough KC and Stephanie Wickenden successfully represented easyGroup on appeal in easyGroup Ltd v Easy Live (Services) Ltd. Having established infringement under s.10(3) for some of the Defendants’ signs, the Court of Appeal confirmed that passing off should also have been found. The judgment, given by Lord Justice Arnold, gives interesting guidance on lost licensing revenue as a head of damage under passing off. The Court of Appeal also overturned a declaration of infringement granted by the trial judge in respect of the signs not found to infringe. The Court imposed its own much narrower declaration.
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Michael Edenborough KC acted for Oatly in a High Court appeal from the UK IPO concerning the use of the word 'milk' in the trade mark 'Post Milk Generation', which is used on the packaging of some of Oatly’s oat based products.
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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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Michael Edenborough KC leading outside junior counsel acted for the successful appellants on whether certain advertisements and offers for sale on amazon.com targeted the UK and the EU. The result meant that certain advertisements on the amazon.com site were held to constitute use of the infringing signs within the UK / EU27. Further, sales from the amazon.com site to customers located in the UK / EU27 also constituted actionable use. This result has far reaching consequences on how internet businesses who have customers located in several countries need to conduct their trade in those various jurisdictions. The Supreme Court heard Amazon’s appeal in November 2023.
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Michael Edenborough KC acted pro bono publico in this case that dealt with the hitherto unresolved point about the assignment of the legal and equitable interest in an invention, prior to it being encapsulated in a patent application.
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Michael Edenborough KC appeared in the appeal to the General Court on whether it was permissible to re-orientate figurative marks to increase the likelihood of confusion.
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Michael Edenborough KC appeared in the appeal to the High Court on the validity of the Babybel red colour trade mark.
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