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Results: 1-10 of 66

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

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

Registrability of marks containing geographical indications of origin

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

“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication

Jurisdiction to award damages for online infringement of “personality rights” clarified

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

The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused

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

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”

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

Football Dataco Ltd v Yahoo! UK Ltd: database right and database copyright

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 28 2011

The Court of Appeal of England and Wales has confirmed that sui generis database right does not subsist in football fixture lists

La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR): word and device marks, conceptual similarity and likelihood of confusion

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

In La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR) BL 0-333-10 16 September 2010, Geoffrey Hobbs QC allowed an appeal by Baker Street Clothing Ltd in respect of its opposed applications to register the word ALLIGATOR as a UK trade mark