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Spiller v Joseph: defamation and “honest comment"

McDermott Will & Emery
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United Kingdom
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January 25 2011

The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims

National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle

McDermott Will & Emery
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United Kingdom
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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

Unilever plc v Ian Alexander Shanks: calculating employee compensation

McDermott Will & Emery
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United Kingdom
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January 25 2011

Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL

Registrability of marks containing geographical indications of origin

McDermott Will & Emery
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European Union, Finland
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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

Eminence Property Developments Ltd v Kevin Heaney: “ a mere honest misapprehension will not justify a charge of repudiation"

McDermott Will & Emery
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United Kingdom
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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
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United Kingdom
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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

The High Court of England and Wales rules on Formula One confidentiality and copyright infringement

McDermott Will & Emery
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United Kingdom
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April 30 2012

In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others 2012 EWHC 616 (Ch), the High Court of England and Wales ruled on claims for contractual and equitable breach of confidence and copyright infringement brought by one Formula One (F1) race team operator against another

The “innocent” copying defence: only applicable to works out of copyright

McDermott Will & Emery
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United Kingdom
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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

Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation

McDermott Will & Emery
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United Kingdom
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January 25 2011

In October 2009, Asda re-launched its optician services through a marketing campaign featuring the following logo and the straplines "be a real spec saver at Asda" and "spec savings at Asda"

Privilege against self-incrimination and the scope of the intellectual property exception

McDermott Will & Emery
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United Kingdom
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March 30 2012

In Stephen John Coogan v News Group Newspapers Ltd 2012 EWCA Civ 48 the Court of Appeal of England and Wales upheld orders from the High Court of England and Wales requiring the private investigator for the former News of the World newspaper, Mr Mulcaire, to provide information regarding his phone hacking activities, despite Mr Mulcaire’s argument that to do so would infringe his privilege against self-incrimination

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Search results

Spiller v Joseph: defamation and “honest comment"

National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle

Unilever plc v Ian Alexander Shanks: calculating employee compensation

Registrability of marks containing geographical indications of origin

Eminence Property Developments Ltd v Kevin Heaney: “ a mere honest misapprehension will not justify a charge of repudiation"

Sui generis database rights and what constitutes a substantial part

The High Court of England and Wales rules on Formula One confidentiality and copyright infringement

The “innocent” copying defence: only applicable to works out of copyright

Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation

Privilege against self-incrimination and the scope of the intellectual property exception

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