H Young (Operations) Ltd v Medici Ltd

H Young (Operations) Ltd v Medici Ltd

The court granted the adjournment because no substantive prejudice would be suffered by the respondent beyond delay and costs, which could be addressed by indemnity costs and security for payment. The court found that, on balance, it would not be just to refuse the adjournment and strike out the appeal in these circumstances.

Parties
Respondent/claimant: H Young (Operations) Ltd; Appellant/defendant: Medici Ltd
Jurisdiction
England and Wales
Judgment Date
05 May 2004
Procedural Posture
Civil Appeal / Application for Adjournment of Appeal Hearing
Outcome
Adjournment granted
Legal Topics
Trademarks, Adjournment, Revocation of Trademark, Costs
Intellectual Property Civil Procedure Trademarks Adjournment Revocation of Trademark Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

H Young (Operations) Ltd

Respondent/claimant

Medici Ltd

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether to grant an adjournment of the appeal hearing
  2. 2 Whether Medici had sufficient time to prepare for the appeal
  3. 3 Whether the test of 'fair description' for trademark specification is consistent with European law

Ratio Decidendi

The court granted the adjournment because no substantive prejudice would be suffered by the respondent beyond delay and costs, which could be addressed by indemnity costs and security for payment. The court found that, on balance, it would not be just to refuse the adjournment and strike out the appeal in these circumstances.

Court Disposition

Adjournment granted

Orders

  • Medici to pay costs occasioned by the adjournment on the indemnity basis, with interim payment to be assessed.
  • Security for the interim payment to be provided within 48 hours.