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Databases hosted outside the UK can infringe rights in UK databases

Herbert Smith Freehills LLP
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European Union, United Kingdom
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October 23 2012

In Football Dataco v Sportradar (C-17311) the Court of Justice of the European Union (CJEU) has held that where data has been uploaded from a database in Member State A which is protected by sui generis database right and sent to the computer of a person in Member State B at that person's request, for the purposes of storage in that computer's memory and display on its screen, this constitutes an act of "re-utilisation" of the data by the person sending it

2012 Limitations on celebration

Herbert Smith Freehills LLP
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United Kingdom
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June 20 2012

Planning an Olympic edition of your product or even a special patriotic 2012 line?

Hargreaves Review - more than gowers revisited, a "Digital Opportunity"

Herbert Smith Freehills LLP
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United Kingdom
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May 19 2011

Professor Ian Hargreaves' independent review of IP and growth, Digital Opportunity, commissioned by the Government, was published yesterday

FA Premier League down at half-time in European Championship

Herbert Smith Freehills LLP
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European Union, United Kingdom
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February 7 2011

Advocate General finds that territorial exclusivity agreements relating to the transmission of football matches are contrary to EU law

The High Court upholds trade mark co-existence agreement

Herbert Smith Freehills LLP
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United Kingdom
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June 9 2010

The High Court has upheld the terms of a trade mark co-existence agreement between two businesses using the same name ("OMEGA") in preventing one party from opposing a subsequent trade mark application by the other

Digital Economy Act 2010 is now law but its anti-piracy measures are only halfway there

Herbert Smith Freehills LLP
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United Kingdom
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April 13 2010

After much controversy and criticism, the Digital Economy bill has now made it into law, having been passed through the legislative 'wash-up' procedure that preceded the dissolution of the Government

Court of Appeal upholds decision in favour of Hotel Cipriani Venice over use of the "Cipriani" trade mark

Herbert Smith Freehills LLP
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United Kingdom
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March 2 2010

The Court of Appeal has upheld the decision of Mr Justice Arnold on all grounds in Hotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd

Vodkat fails the vodka challenge! Important decision of UK courts for food and drink brands tackling copycat products

Herbert Smith Freehills LLP
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United Kingdom
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March 2 2010

On 19 January the UK High Court held that Diageo (manufacturer of Smirnoff Vodka) could stop Intercontinental Brands from selling a me-too product, "Vodkat" (a low-cost, Vodka mix drink

Court of Appeal holds that anti-deprivation principle does not apply to provisions relating to the termination of an IP licence on insolvency

Herbert Smith Freehills LLP
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United Kingdom
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March 2 2010

The anti-deprivation principle provides that "there cannot be a valid contract that a man's property shall remain his until his bankruptcy, and, on the happening of that event, go over to someone else, and be taken away from his creditors"

Comparative advertising and scope of trade mark infringement to be considered again by the Court of Appeal shortly - L’Oreal v Bellure

Herbert Smith Freehills LLP
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United Kingdom
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March 2 2010

The case of the look-alikesmell-alike perfumes returns to the Court of Appeal in March, after its reference to the European Court of Justice

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