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Results: 1-10 of 66

EDI Central Ltd v National Car Parks Ltd: all reasonable endeavours and utmost good faith

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • 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

CJEU rules on copyright protection of photographic portraits

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 29 2012

In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work

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”

CJEU considers effect of honest concurrent use in Budweiser reference

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use

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

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

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

Copyright Designs and Patents Act 1988 (Amendment): PPL licence exemptions abolished

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 25 2011

The Copyright Designs and Patents Act (CDPA) 1988 (Amendment) Regulations 20102694 has abolished, as of 1 January 2011, exemptions in the CDPA that allowed charitable and not-for-profit organisations to play recorded or broadcast music in public without obtaining a PPL licence

Further CJEU guidance on keyword advertising and trade mark infringement

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

General Court upholds OHIM refusal of CTM application for shape of loudspeaker

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 29 2011

In Bang & Olufsen AS v OHIM T-50808 6 October 2011 (unreported), the General Court upheld a decision by the Office of Harmonization for the Internal Market (OHIM) refusing Bang & Olufsen’s Community trade mark (CTM) application for the shape of a loudspeaker, on the grounds that the mark consisted exclusively of the shape, which gave substantial value to the goods