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Results: 1-10 of 66

“UK’s safest broadband”: TalkTalk in breach of CAP and BCAP Code

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 29 2012

TalkTalk’s adverts claiming to offer the “UK’s safest broadband” have been found to be in breach of the Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) Code

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

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

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”

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

Sui generis database rights and what constitutes a substantial part

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 3 2011

In Beechwood House Publishing v Guardian Products Ltd 2011 EWPCC 22, the Claimant’s database right was found to have been infringed when the Defendants extracted 6,000 records from the Claimant’s database of 43,000 records

Rooney v CSE Bournemouth Ltd: terms and conditions available upon request

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

In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms

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

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

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