![IP-2023-000120 - [2025] EWHC 1793 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Issues [1] to [4]
Issues [1] to [4]
The answer to the Trade Mark Issues are all subsumed within the answer to Issue 1(a). The Trade Mark claims are brought by NHBCL which does not have standing to bring those claims as it is are not and never was the proprietor of the Trade Mark and had no authority to renew it in 2023. The Trade Mark has expired.
Each of Issues [1(b)] to [4] would need to be brought by the proprietor of the Trade Mark which for the reasons set out above NHBCL is not. There is no subsisting registered trade mark. For completeness I address each briefly:
- Heading
- Master Kaye Sitting as a Deputy High Court Judge
- Representation and Witnesses
- Witnesses
- Trade Mark: Issues [1] to [4]
- Conclusion on Issue 1(a)
- Chronology in relation to Issue 1(a)
- Dissolution
- Restoration/Vesting
- Trade Mark renewal
- Post Restoration
- Beneficial Interest?
- Issues [1] to [4]
- Issue [3] – Ownership
- Issue [2] – revocation for non-use
- Issue [1(b)] – Invalidity
- Issue [4] – Infringement
- Passing Off - Issues [5] to [8]
- Goodwill
- Has the goodwill passed to NHBCL?
- Organic Hill goodwill
- The Restored Company’s goodwill
- Abandonment
- NHBCL’s goodwill?
- Evidence of NHBCL goodwill
- Misrepresentation and damage
- Copyright - Issues [9] to [12]
- Artistic Copyright
- Copyright infringement
- The Defendants signs
- Joint Tortfeasors - Issue [14]
- Next steps