H Young (Operations) Ltd v Medici Ltd [2004] EWCA Civ 863 (05 May 2004)

H Young (Operations) Ltd v Medici Ltd [2004] EWCA Civ 863 (05 May 2004)

The adjournment was granted because, despite procedural mismanagement by Medici, no substantive prejudice would be suffered by Young beyond delay, and justice required allowing the appeal to proceed, subject to indemnity costs and security for payment.

Citation
[2004] EWCA Civ 863
Parties
Respondent/claimant: H Young (Operations) Ltd; Appellant/defendant: Medici Ltd
Jurisdiction
England and Wales
Judgment Date
05 May 2004
Procedural Posture
Trademark Dispute (civil Appeal) / Application for Adjournment of Appeal Hearing
Outcome
Adjournment granted subject to conditions
Legal Topics
Trademark Revocation, Adjournment of Proceedings, Costs Orders, Appeal Procedure
Intellectual Property Civil Procedure Trademark Revocation Adjournment of Proceedings Costs Orders Appeal Procedure

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Parties

H Young (Operations) Ltd

Respondent/claimant

Medici Ltd

Appellant/defendant

Procedural Posture

Trademark Dispute (civil Appeal) / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether adjournment of the appeal should be granted due to insufficient preparation time for Medici
  2. 2 Whether the test of 'fair description' for trademark specification is consistent with European law

Ratio Decidendi

The adjournment was granted because, despite procedural mismanagement by Medici, no substantive prejudice would be suffered by Young beyond delay, and justice required allowing the appeal to proceed, subject to indemnity costs and security for payment.

Court Disposition

Adjournment granted subject to conditions

Orders

  • Medici to pay costs occasioned by the adjournment on the indemnity basis
  • Order for interim payment of costs to be assessed