Jurisdiction(s):
United Kingdom

England and Wales High Court strikes out Nvidia trade mark groundless threats claim; refuses EUIPO stay; cease-and-desist letters read as if recipients had legal advice

Published on: 08 December 2016

Published by a LexisNexis IP expert

Legal News

Article summary

In brief: NVidia’s groundless threats claim struck out and stay refused (NVidia Corporation & Ors v Hardware Labs Performance Systems Inc)

Original news NVidia Corporation & Ors v Hardware Labs Performance Systems Inc [2016] EWHC 3135 (Ch) What should IP & IT lawyers take note of? This ruling offers two cautions for practitioners. First, think twice before issuing domestic proceedings—perhaps within a broader European litigation plan—unless your clients are genuinely prepared to see the dispute through to trial. Mann J’s decision makes it plain that the UK courts will not invariably grant a stay at a claimant’s request, even where doing so could plausibly conserve costs and judicial time. Discontinuance remains a route open to such a claimant, as Mann J observes in his judgment. Yet that course carries costs repercussions because, naturally, a claimant who discontinues in the UK must meet the defendant’s costs to the date of discontinuance together with its own. As to the strike-out of the groundless threats cause, Mann J drew on the familiar guidance of Neuberger J in Best Buy concerning how alleged threatening correspondence should be construed. The judge further affirmed that, as noted above in his judgment the position remained as stated...

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