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High Court of England and Wales rules on threats and jurisdiction in declaration for non-infringement
- McDermott Will & Emery
- -
- 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
Court of Appeal of England and Wales considers “best” and “all reasonable” endeavours
- McDermott Will & Emery
- -
- 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
The High Court of England and Wales rules on Formula One confidentiality and copyright infringement
- McDermott Will & Emery
- -
- 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
Drug formulation patent found to be invalid in the United Kingdom but valid in other jurisdictions
- McDermott Will & Emery
- -
- United Kingdom
- -
- April 30 2012
Mr Justice Arnold’s decision in Teva and others v Astrazeneca AB 2012 EWHC 655 (Pat) invalidated Astrazeneca’s patent for a sustained release formulation of the anti-psychotic drug quetiapine in the United Kingdom, on the grounds of obviousness, just days after the same patent was found to be valid in the Netherlands
Privilege against self-incrimination and the scope of the intellectual property exception
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
In Stephen John Coogan v News Group Newspapers Ltd 2012 EWCA Civ 48 the Court of Appeal of England and Wales upheld orders from the High Court of England and Wales requiring the private investigator for the former News of the World newspaper, Mr Mulcaire, to provide information regarding his phone hacking activities, despite Mr Mulcaire’s argument that to do so would infringe his privilege against self-incrimination
Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?
- McDermott Will & Emery
- -
- European Union, United Kingdom
- -
- March 30 2012
In Football Association Premier League Ltd v QC Leisure 2012 EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011
Composite marks: identity, similarity and likelihood of confusion
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
In Ghias (ta Griller) v Ikram 2012 EWPCC 3, Miss Recorder Michaels, sitting in the Patents County Court, partly upheld but largely dismissed claims of infringement under Section 10(1), (2) and (3) of the Trade Mark Act 1994 brought by a fast food business chain trading as “Griller”, against three similar businesses trading as “Griller”“The Griller Original”, “The Griller King” and “Griller Hut”
The “innocent” copying defence: only applicable to works out of copyright
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
In David Hoffman v Drug Abuse Resistance Education (UK) Ltd 2012 EWPCC 2, the Patents County Court of England and Wales assessed the use of the “innocent copying” defence under Section 97 of the Copyright Designs and Patents Act 1988
Wella fails to prove distinctiveness of SHAPER mark
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 29 2012
In Wella Corporation v Alberto-Culver Company 2011 EWHC 3558 (Ch), the UK High Court upheld the decision of a UK Intellectual Property Office Hearing Officer who rejected the application by Wella Corporation to invalidate the Alberto- Culver Company mark FUNKY SHAPER based on Wella’s earlier Community trade mark for SHAPER
UK Patents County Court finds copyright subsists in digitally manipulated photograph
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 29 2012
In Temple Island Collections Ltd v New English Teas Ltd 2012 EWPCC 1 (12 January 2012), Judge Birss QC found that an image belonging to New English Teas infringed the copyright subsisting in a digitally manipulated photograph of a London scene created by Temple Island Collections
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