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Exclusive jurisdiction clause
- McDermott Will & Emery
- -
- United Arab Emirates, United Kingdom
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- February 27 2009
In Middle Eastern Oil LLC v National Bank of Abu Dhabi 2008 EWHC 2895 (Comm) the High Court of England and Wales stayed English proceedings after finding that a banking agreement conferred exclusive jurisdiction on the courts of the United Arab Emirates (UAE
Long v Comptroller General of Patents: insufficiency and ambiguity
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Ms Long filed a patent application for an invention that provided car parks with an indicator for showing whether a space was occupied
Spiller v Joseph: defamation and “honest comment"
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims
National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In National Guild of Removers & Storers Ltd v Christopher Silveria 2010 EWPCC 15, His Honour Judge Birss QC, sitting in the Patents County Court, has found that damages assessed on the "user" principle are available in cases of trade mark infringement and passing off in the same way as in patent infringement cases
Unilever plc v Ian Alexander Shanks: calculating employee compensation
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL
ITV Broadcasting Ltd v tv Catch Up Ltd: communication to the public of a broadcast
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Refusing the Defendant's application for summary judgment in ITV Broadcasting Ltd v TV Catch Up Ltd 2010 EWHC 3063 (Ch), Mr Justice Kitchin has held that, as regards broadcasts, the meaning of communication to the public within Section 20 of the Copyright Designs and Patents Act 1988 is not limited to broadcasts but extends to all communications by electronic means, whether one-to-one or one-to-many
Eminence Property Developments Ltd v Kevin Heaney: “ a mere honest misapprehension will not justify a charge of repudiation"
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
A mistake in calculating the number of days (counting "days" rather than "working" days) in a contract's completion timing led to a dispute (Eminence Property Developments Ltd v Kevin Heaney 2010 EWCA Civ 1168) as to whether it had been repudiated properly and thus terminated validly
JIH v News Group Newspapers Ltd: privacy, interim injunction, open justice and refusal to grant anonymity
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In JIH v News Group Newspapers Ltd 2010 EWHC 2818 (QB), the High Court of England and Wales refused to continue an anonymity order, despite the parties having agreed thereto, but agreed to continue an order to withhold all information concerning the subject-matter of the case
EDI Central Ltd v National Car Parks Ltd: all reasonable endeavours and utmost good faith
- McDermott Will & Emery
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- United Kingdom
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- January 25 2011
In EDI Central Ltd v National Car Parks Ltd 2010 CSOH 141, Lord Glennie found that EDI Central Ltd had not breached a contractual obligation to pursue, "with all reasonable endeavours and as would be expected of a normal prudent commercial developer experienced in developments of that nature", the development of an NCP car park
Lifestyle Management Ltd v Frater: domain names and instruments of fraud
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
Pointing domain names, which are similar to a former principal's website, to websites that closely resembled the home page of the former principal has been found to be an act of passing off
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