IP & IT analysis: This is a case brought by Nvidia Group for groundless threats of proceedings for infringement of a trade mark and also for a declaration of non-infringement. German attorneys of the defendant Hardware Labs Performance Systems Inc (HLPS) had written to the claimants’ US parent company Nvidia Corp alleging infringement of their EU trade mark ‘GTX’ and the Nvidia group had sued in the UK for groundless threats pursuant to section 21 of the Trade Marks Act 1994. This section is extended by a statutory instrument to threats of infringement proceedings relating to EUTMs. Nicola Hill of Browne Jacobson LLP considers the case of NVidia Corporation & Ors v Hardware Labs Performance Systems.
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