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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
National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle
- McDermott Will & Emery
- -
- United Kingdom
- -
- 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
- -
- United Kingdom
- -
- January 25 2011
Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL
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
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
JIH v News Group Newspapers Ltd: privacy, interim injunction, open justice and refusal to grant anonymity
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In JIH v News Group Newspapers Ltd 2010 EWHC 2818 (QB), the High Court of England and Wales refused to continue an anonymity order, despite the parties having agreed thereto, but agreed to continue an order to withhold all information concerning the subject-matter of the case
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
Rooney v CSE Bournemouth Ltd: terms and conditions available upon request
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms
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
UK Patents County Court finds copyright subsists in digitally manipulated photograph
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 29 2012
In Temple Island Collections Ltd v New English Teas Ltd 2012 EWPCC 1 (12 January 2012), Judge Birss QC found that an image belonging to New English Teas infringed the copyright subsisting in a digitally manipulated photograph of a London scene created by Temple Island Collections
Current Search
- Jurisdiction - United Kingdom
- Author - Francesco Mattina
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