NXP BV v ID Management Systems

NXP BV v ID Management Systems

The REACT cards were found to be counterfeit based on credible technical analysis and evidence linking the cards to the Defendant; the Pembrokeshire cards were not proven to be counterfeit on the balance of probabilities. The Defendant failed to establish that the Claimant gave unequivocal consent to the marketing of either set of cards under its trade marks in the EEA.

Parties
Claimant: NXP BV; Defendant: ID Management Systems
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Intellectual Property Claim / Judgment After Trial
Outcome
Claim succeeds in relation to both the REACT cards and the Pembrokeshire cards.
Legal Topics
Trademark Infringement, Counterfeit Goods, Consent to Market, Burden of Proof, EU Trade Mark Regulation
Intellectual Property Trademark Law Trademark Infringement Counterfeit Goods Consent to Market Burden of Proof EU Trade Mark Regulation

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Parties

NXP BV

Claimant

ID Management Systems

Defendant

Procedural Posture

Intellectual Property Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the REACT cards were counterfeit
  2. 2 Whether the Pembrokeshire cards were counterfeit
  3. 3 Whether the Claimant unequivocally consented to the marketing of either set of cards under its MIFARE trade marks in the EEA

Ratio Decidendi

The REACT cards were found to be counterfeit based on credible technical analysis and evidence linking the cards to the Defendant; the Pembrokeshire cards were not proven to be counterfeit on the balance of probabilities. The Defendant failed to establish that the Claimant gave unequivocal consent to the marketing of either set of cards under its trade marks in the EEA.

Court Disposition

Claim succeeds in relation to both the REACT cards and the Pembrokeshire cards.

Orders

  • Declaration that the Defendant infringed the Claimant’s trade marks in relation to the REACT cards.
  • Declaration that the Defendant infringed the Claimant’s trade marks in relation to the Pembrokeshire cards.