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Results: 1-10 of 39

Foreign companies need actual customers in the United Kingdom to establish passing off

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 29 2011

In Plentyoffish Media Inc v Plenty More LLP 2011 EWHC 2568 (Ch), the High Court of England and Wales has held that a foreign company’s reputation in the United Kingdom does not equate to goodwill in the United Kingdom and that actual customers are needed to bring an action in passing off

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

Copyright Designs and Patents Act 1988 (Amendment): PPL licence exemptions abolished

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

The Copyright Designs and Patents Act (CDPA) 1988 (Amendment) Regulations 20102694 has abolished, as of 1 January 2011, exemptions in the CDPA that allowed charitable and not-for-profit organisations to play recorded or broadcast music in public without obtaining a PPL licence

Further CJEU guidance on keyword advertising and trade mark infringement

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

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

High burden of proof where concerted copying is alleged

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 29 2011

In Pro-Tec Covers Ltd v Specialised Covers Ltd 2011 EWPCC 23, Richard Meade QC, sitting in the Patents County Court, has provided a detailed judgment on an unregistered design right infringement dispute, in which Pro-Tec had alleged that Specialised had undertaken “a concerted campaign of copying by at least four people, followed by a concerted campaign of lying about it and covering it up”

Sui generis database rights and what constitutes a substantial part

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

Nominet opens registration of short .uk domains: registered rights sunrise

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

The initial sunrise period for registration of "short" domain names in the United Kingdom was opened by Nominet, the registry for .uk domain names, on 1 December 2010 and closed on 17 January 2011

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

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

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