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Results: 1-10 of 39

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

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • 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

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

Long v Comptroller General of Patents: insufficiency and ambiguity

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

Ms Long filed a patent application for an invention that provided car parks with an indicator for showing whether a space was occupied

ICO imposes first financial penalties for serious data protection breaches

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

The Information Commissioner's Office (ICO) has imposed its first financial penalties for serious data protection breaches under Section 55A of the Data Protection Act 1998 (DPA

OFT response to Green Paper on policy options for progress towards a European contract law for consumers and businesses

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

The Office of Fair Trading (OFT) has issued a response to the call from the Ministry of Justice for evidence and views on the European Commission's Green Paper on policy options for progress towards a European contract law for consumers and businesses

OFT Report on Price Framing: common pricing practices and the CPRs

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

On 3 December 2010, the Office of Fair Trading (OFT) published a much anticipated Report on Price Framing (the Report) in which it sets out its findings on how the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) impact on specific pricing practices identified by psychological and economic studies as being potentially detrimental to consumers

Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • March 30 2012

In Football Association Premier League Ltd v QC Leisure 2012 EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011

“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

Spiller v Joseph: defamation and “honest comment"

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • 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

Wella fails to prove distinctiveness of SHAPER mark

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

In Wella Corporation v Alberto-Culver Company 2011 EWHC 3558 (Ch), the UK High Court upheld the decision of a UK Intellectual Property Office Hearing Officer who rejected the application by Wella Corporation to invalidate the Alberto- Culver Company mark FUNKY SHAPER based on Wella’s earlier Community trade mark for SHAPER