Crafts Group LLC vs M/S Indeutsch International & M/S Knitpro International

This case concerned a jurisdictional dispute over EU trade marks post-Brexit between Crafts Group LLC and M/S Indeutsch International & M/S Knitpro International.

TLDR:

• Crafts Group LLC filed a lawsuit concerning EU trade marks.
• The court had to determine its jurisdiction post-Brexit.
• The court ruled it retained jurisdiction over the case.

The claimant, Crafts Group LLC, initiated legal proceedings against the defendants, M/S Indeutsch International and M/S Knitpro International, regarding the infringement of EU trade marks. The dispute arose after the UK's departure from the EU, raising questions about the court's jurisdiction over EU trade marks post-Brexit.

In an email dated 15 June 2023, the claimant's counsel sought permission from the court to appeal the Main Judgment delivered on 16 June 2023. The grounds for the appeal included the court's jurisdiction over EU trade marks post-Brexit and the exercise of discretion on case management grounds.

The court, presided over by His Honour Judge Hacon, refused permission to appeal for the reasons stated in Form N460. The claimant subsequently filed a Notice of Appeal in the Court of Appeal, advancing four grounds for permission to appeal, including the failure to give reasons in the Main Judgment.

The court examined the jurisdiction under the Trade Mark Regulation, specifically Regulation (EU) 2017/1001, and the Community Trade Mark Regulations 2006. It determined that the High Court, including the Intellectual Property Enterprise Court, retained jurisdiction over EU trade marks post-Brexit for proceedings instituted before IP completion day.

The court also addressed the applicability of Article 132(1) of the Trade Mark Regulation, which mandates a stay of proceedings related to EU trade marks being litigated before the EUIPO unless special grounds apply. The court found no special grounds and thus stayed the relevant proceedings.

Finally, the court considered the case management grounds for a stay and concluded that the reasons for staying the proceedings on case management grounds applied to all claims before the court. Consequently, the court refused permission to appeal on these grounds as well.

This case highlights the complexities of jurisdictional issues post-Brexit and provides important guidance for intellectual property practitioners dealing with EU trade marks.

Legal representatives: Michael Edenborough KC (instructed by White & Black Limited) for the claimant, Guy Hollingworth (instructed by Wiggin Llp LLP) for the defendants.

Judicial Panel: His Honour Judge Hacon

Case Citation Reference: [2023] EWHC 1914 (IPEC)