NIPC Law

Jane Lambert   Intellectual Property Enterprise Court (His Honour Judge Hacon) Luxe World Ltd v Touch of Vogue Ltd and another [2026] EWHC 148 (IPEC) (30 Jan 2026) S.26C (1) of the Registered Designs Act 1949 provides that proceedings in respect of an actionable threat may be brought against the person who made the threat for— (a) a declaration that the threat is unjustified; (b) an injunction against the continuance of the threat; (c) damages in respect of any loss sustained by the aggrieved person by reason of the threat. An "actionable threat" in this context means a threat to sue for infringing a registered design. S.26A (1) states that a threat of infringement proceedings made by any person is actionable by any person aggrieved by such a threat, subject to the provisions of subsections 26A (2) to (5). S.26 (1) adds that a communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the comm...