NIPC Law

  Jane Lambert Chancery Division (Mr David Stone) Original Beauty Technology Co. Ltd and others v G4K Fashion Ltd and others [2021] EWHC 3439 (Ch) (20 Dec2021) In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021), Mr David Stone, sitting as a deputy judge of the High Court, held that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs by selling  bodycon and bandage  clothing that reproduced those designs but that they had not passed off their business as or for the claimants'. I discussed that judgment in Designs - Original Beauty Technology v G4K Fashion   on 25 June 2021. Pecuniary Remedies A party whose  intellectual property rights  are found to have been infringed is entitled to damages (compensation for the losses that it has suffered), or surrender of the profits that the infringer has gained, from the infringement but ...

           Jane Lambert Chancery Division ( Mr David Stone) Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021) This was an action for infringement of unregistered design right and unregistered Community designs  and passing off .  The designs in question were of women's garments in the bodycon and bandage styles. The action came on for trial before Mr David Stone on various dates between 30 Nov and 21 Dec 2020. In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) which he handed down on 24 Feb 2021 he found that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs but they had not passed off their business as or for the claimants', Following his judgment, there were further hearings on the terms of the minute of order, whether garments in different colourways infringed...