Legal News

High Court rejects application to transfer trade mark infringement proceedings to the IPEC (Lappet Manufacturing Company Ltd v Rassam)

Published on: 23 June 2022
Published by: LexisPSL
  • High Court rejects application to transfer trade mark infringement proceedings to the IPEC (Lappet Manufacturing Company Ltd v Rassam)
  • What are the practical implications of this case?
  • What was the background?
  • Jurisdiction Application
  • Transfer Application
  • What did the court decide?
  • Jurisdiction Application
  • Transfer Application
  • Case details

Article summary

IP analysis: The High Court has rejected an application to transfer a claim from the Shorter Trials Scheme to the Intellectual Property Enterprise Court (IPEC). In doing so, the High Court considered the procedural requirements in determining the appropriate forum in which money claims and non-money claims are to be issued. The judge found that non-money claims (which include trade mark infringement proceedings) carry no definitive rules based upon the value of the claim, but instead require consideration of a number of factors. These factors include the financial value of the claim, the complexity of the facts and legal issues, and the importance of the outcome of the claim to the public in general. Whether proceedings should be brought in the IPEC then carries additional factors to be considered, such as whether a party can only afford to bring or defend the claim in the IPEC, and the estimated length of the trial. Written by Connor Griffith, associate, and Giles Parsons, partner at Browne Jacobson LLP. or take a trial to read the full analysis.

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