High Court of England and Wales rules on threats and jurisdiction in declaration for non-infringement *

United Kingdom - April 30 2012
In Samsung Electronics (UK) Ltd and others v Apple Inc [2012] EWHC 889 (Ch), the High Court of England and Wales considered several preliminary issues in a case involving Apple’s registered Community design for a tablet computer.

Co-authors: Alexander Harguth, Rohan Massey, Vincent Schröder, Hiroshi Sheraton.

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Court of Justice of the European Union provides ruling on keyword jurisdiction *

European Union - April 30 2012
The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-523/10, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment.

Co-authors: Alexander Harguth, Rohan Massey, Vincent Schröder, Hiroshi Sheraton.

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Court of Appeal of England and Wales considers “best” and “all reasonable” endeavours *

United Kingdom - April 30 2012
The Court of Appeal of England and Wales in Jet2.com Limited v Blackpool Airport Limited [2011] EWHC 1529 (Comm) has provided guidance on the enforceability of “best endeavours” and “all reasonable endeavours” clauses.

Co-authors: Alexander Harguth, Rohan Massey, Vincent Schröder, Hiroshi Sheraton.

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The High Court of England and Wales rules on Formula One confidentiality and copyright infringement *

United Kingdom - April 30 2012
In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others [2012] EWHC 616 (Ch), the High Court of England and Wales ruled on claims for contractual and equitable breach of confidence and copyright infringement brought by one Formula One (F1) race team operator against another.

Co-authors: Alexander Harguth, Rohan Massey, Vincent Schröder, Hiroshi Sheraton.

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Cross-border sales: tension between copyright distribution rights and free movement rules *

European Union - April 30 2012
Advocate General Jääskinen has concluded that there is a distribution by sale in a Member State if a seller targets consumers and enables the purchase of copyright-protected works in that State.

Co-authors: Alexander Harguth, Rohan Massey, Vincent Schröder, Hiroshi Sheraton.

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