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Results: 1-10 of 66

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

The European General Court decides only visible parts determine overall impression

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character

Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 25 2011

In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported

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

EU enhances copyright protection for sound recordings and songs

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted

Exclusive jurisdiction clause

  • McDermott Will & Emery
  • -
  • United Arab Emirates, United Kingdom
  • -
  • 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

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

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

Is a trade mark infringed by failure to identify the repackager of a parallel import?

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

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports