Cases


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Skullduggery Rum Ltd v Globefill Inc., [2020] ETMR 9

Area of Law: Intellectual Property

Skullduggery Rum Ltd v Globefill Inc., [2020] ETMR 9, a 3D trade mark case involving a glass bottle in the shape of a human skull, which is shown above (along with an earthenware competitor).

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Pathway IP SARL V Easygroup Ltd [2018] EWHC 3608 (Ch)

Area of Law: Intellectual Property

Stephanie Wickenden joined chambers in December, bringing with her a busy IP practice. Since joining chambers she has represented easyGroup in the Court of Appeal (unled) and in the High Court in relation to jurisdiction challenges to the trade mark claims. She also successfully represented easyGroup in Pathway IP SARL V Easygroup Ltd [2018] EWHC 3608 (Ch) a High Court appeal from the Trade Marks Registry which gives new guidance on how Nice Classification numbers may be used to interpret a trade mark specification. Stephanie continues to be involved in the Glaxo v Sandoz litigation, relating to the purple Seretide inhaler. 

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Alliance Pharmaceuticals v EUIPO [2020] EMTR 7

Area of Law: Intellectual Property

A successful appeal to the General Court on the proper method on how to construe a potentially ambiguous trade mark specification

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Grove Park Properties v Royal Bank of Scotland

Area of Law: Banking and Financial Services

Lance Ashworth QC represents the claimant in Grove Park Properties v Royal Bank of Scotland  in which it is asserted the Bank fraudulantly altered a loan document, with the result that the Claimant is excused from repaying £16 million. This is set down for trial for 14 days in May 2020. 

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Bowes v Panareti [2018]

Area of Law: Commercial Litigation

Prof. Jonathan Harris and Oliver Jones were instructed in Bowes v Panareti [2018]  a jurisdiction dispute concerning alleged misselling of properties in Cyprus.

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Lifestyle Equities CV v Royal County of Berkshire Polo Club Ltd [2019] FSR 14, [2019] ETMR 56

Area of Law: Intellectual Property

Two interim applications against D1-3 and D4-5. The first concerned the judiciability of suing in the UK some foreign defendants for trade mark infringements that occurred abroad. The second concerned the scope of pleading that alleged the invalidity of some trade marks.

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Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm)

Area of Law: Civil Fraud

Hugh Norbury QC and Adil Mohamedbhai appeared in Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) a contractual and civil fraud dispute which was tried before Moulder J in the Commercial Court over three weeks. This is an important decision on the law of affirmation of contracts procured by bribes and on the construction of exclusion clauses. 

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Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136A

Area of Law: Private Client Trusts and Probate

Dakis Hagen QC was instructed for Appleby in Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136A, the substantive appeal in the long-running and high value Crociani litigation in Jersey. The appeal was allowed to the extent that the equitable compensation to be paid by the main appellants was substantially reduced. The judgment addressed circumstances in which a court will decline equitable compensation as a matter of discretion, even when a breach of trust is established. Stephanie Thompson has since been instructed with Dakis for Appleby in the ongoing litigation and Giles Richardson has advsed another party in related matters. 

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A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01)

Area of Law: Private Client Trusts and Probate

Richard Wilson QC, Prof Jonathan Harris QC (Hon.) and James Weale appeared in the Gibraltar Supreme Court and Court of Appeal for various parties in Line Trust Corporation v W & Ors, in which a trustee applied for declarations as to the validity of deeds excluding beneficiaries from benefit under a trust. The former beneficiary sought to challenge the validity of the deeds of exclusion in English matrimonial proceedings and asserted that the Gibraltar Court did not have jurisdiction to hear the trustee's application. 

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