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High burden of proof where concerted copying is alleged

McDermott Will & Emery
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United Kingdom
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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”

London 2012: advertising in the event zones

McDermott Will & Emery
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United Kingdom
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November 29 2011

England, Scotland and Wales are currently developing secondary legislation to regulate advertising activity and trading in open public places around Olympic and Paralympic events during the 2012 Games

Information Commissioner calls for compulsory data protection audits

McDermott Will & Emery
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United Kingdom
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November 29 2011

The Information Commissioner has called for an extension of powers to order the compulsory data protection auditing in sectors that are causing concern over their handling of personal information

Nominet decisions may be subject to appeal to the High Court

McDermott Will & Emery
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United Kingdom
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November 29 2011

In Michael Toth v Emirates 2011 EWPCC 18, his Honour Judge Birss QC, refused to strike out an application seeking to overturn a decision of a Nominet appeal panel that the registration of a domain name was abusive within the Nominet Dispute Resolution Service (DRS) Policy

“UK’s safest broadband”: TalkTalk in breach of CAP and BCAP Code

McDermott Will & Emery
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United Kingdom
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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

Nominet proposes changes to UK generic top level domain name registration rules

McDermott Will & Emery
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United Kingdom
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February 29 2012

Nominet, which runs one of the world’s largest internet registries and manages over nine million domain names, has proposed changing the rules of domain name registration for .ltd.uk, and .plc.uk domains to ensure that each company is entitled to a unique domain name

UK Patents County Court finds copyright subsists in digitally manipulated photograph

McDermott Will & Emery
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United Kingdom
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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

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

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

McDermott Will & Emery
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European Union, United Kingdom
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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

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

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