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Results: 1-10 of 86

European Court of Justice delivers judgment on the meaning of “unfair advantage”

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • August 31 2009

The European Court of Justice has handed down a landmark judgment having implications as to the concept of brand and protectable trademarks in a case concerning the importation and distribution in the UK of perfumes that looked and smelled similar to L’Oréal’s fragrances

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

English court makes history for UK employee inventors

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • July 6 2009

For the first time, the English High Court has awarded compensation to employee inventors in recognition of their efforts in inventing a patented product

Article 29 Working Party opinion on applicable law: clarifying the scope of application of the Data Protection Directive

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 28 2011

The Article 29 Working Partythe European advisory body on data protection and privacyhas adopted an Opinion on applicable law (WP 179) aimed at clarifying the scope of application of the Data Protection Directive (9546EC

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

Cowshed Products Ltd v Island Origins Ltd: interim injunction and the risk of injustice

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

In a case that shows the difficulty of applying the American Cyanamid principles to passing off and trade mark infringement, the judge follows the approach in John Walker & Sons v Rothmans International and Management Publications v Blenhiem Exhibitions and examines where the risk of injustice lies

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

Cephalon Inc v Orchid Europe Ltd: generics, interim injunctions and “clearing the way”

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

The High Court of England and Wales has refused to grant an interim injunction to Cephalon against Orchid Europe Ltd's generic version of Cephalon's patented sleeping disorders drug, modafinil

European Commission proposal for enhanced cooperation in unitary patent protection

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 28 2011

Twelve EU Member States have addressed a formal request to the European Commission indicating that they wish to establish a limited unitary patent between themselves

ECJ declares proposed European and Community patents court unconstitutional

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 15 2011

On 8 March 2011, the European Court of Justice handed down its Opinion No 109, in which it found that the proposed agreement on the community patents court is not compatible with the provisions of the European Union Treaties

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