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Specsavers v ASDA - a real eye-opener?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 13 2010

The High Court has held that one of ASDA's marketing straplines used to promote its in-store optician took unfair advantage of Specsavers' Community Trade Marks (CTM) under Article 9(1)(c) of the CTM Regulation, but rejected its infringement claims made under Article 9(1)(b) and for passing-off.

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Employee who misused confidential information held accountable for profits

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • September 24 2009

The Western Australian Supreme Court recently required an ex-employee who set up a competing business using confidential information to account to his old employer for the profits he made as a consequence.

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Land registration - why telling the truth is always best

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • May 18 2011

The family feud at the heart of this case was essentially a boundary dispute, which turned on the interpretation of a 1939 conveyance of part of a piece of land.

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Lucasfilm v Ainsworth - a new hope for copyright clarity?

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • September 11 2008

The High Court has delivered a judgment covering a multitude of issues relating to alleged intellectual property rights in the Stormtrooper costumes used in the original Star Wars movie.

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'Reps' and warranties: one could cost more than the other under English contract law

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • United Kingdom
  • -
  • August 5 2013

Contractual representations and warranties are often grouped together, referred to in shorthand as "reps and warranties." The differences between the

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Can an express warranty also be a representation?

  • Hogan Lovells
  • -
  • United Kingdom
  • -
  • January 31 2013

In Sycamore Bidco v Breslin & Anor (2012) the High Court considered whether express warranties in a share sale agreement also amounted to

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Employee compensation: the hypothetical transaction

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 26 2010

In Ian Alexander Shanks v Unilever plc 2009 EWHC 3164 (Ch), Mr Justice Mann allowed an appeal from a decision of the UK Patent Office.

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Mann removes Thorn in Siemens’ side

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • October 31 2007

Last week in Siemens v Thorn Mr Justice Mann held that Siemens' patent was valid and infringed.

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