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England and Wales decisions
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The High Court set aside permission to serve a pre-action disclosure application on Ferrari in Italy, holding section 33 SCA did not extend to foreign-held documents.
Fridman v Agrofirma Oniks LLC & Anor [2026] EWCA Civ 139 (19 February 2026)
The Court of Appeal held that a state-imposed travel ban meant Mr Fridman was not present in England and Wales for service, so service at Athlone House was invalid.
The Court of Appeal held that Mr Fridman’s enforced exclusion from the UK meant he was not present for jurisdiction purposes, so service at Athlone House was invalid.
The Hearing Officer's decision was vitiated by errors of fact and illogical assertions not justified by the evidence; the promotional activities relied upon were insufficient to establish genuine use of the mark in the United Kingdom during the relevant period.
Source excerpt
Nissin Foods Holdings Co Ltd v MomoIP LLC [2025] EWHC 561 (Ch) (12 March 2025)
The High Court allowed Nissin’s appeal, holding that MomoIP had not shown genuine UK use of the MOMOFUKU mark for restaurant services in the relevant period.
The court held EP 3 575 792 invalid for insufficiency and excessive breadth, found added matter in claim 8, rejected excluded subject matter, and refused Arrow relief.
The UK Supreme Court held that Amazon’s USA website targeted UK consumers, so its online display and sale of branded goods infringed Lifestyle’s UK and EU trade marks.
The Court of Appeal dismissed an appeal in a patent damages inquiry, holding that overseas sales could be recoverable only if legally caused by UK infringement, but the judge was entitled to find causation lacking.
Promptu Systems Corporation v Sky UK Ltd & Ors [2021] EWHC 2021 (Pat) (19 July 2021)
The Patents Court held Promptu’s amended patent claim obvious over Houser, rejected added matter attacks, and found Sky Q would otherwise have infringed.
The High Court held that TuneIn’s service infringed copyright for Categories 2, 3 and 4 stations, but not Category 1. The Pro app recording function also infringed.
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