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Results: 1-10 of 116

L'Oréal SA v Bellure NV: comparative advertising, unfair advantage and imitations

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 30 2010

In L'Oréal SA v Bellure NV 2010 EWCA Civ 535, Jacob LJ applied the findings of the European Court of Justice (ECJ) in the "smell-alike" case to the Court of Appeal BACKGROUND L'Oréal is the proprietor of various Community and national trade marks in respect of the words TRÉSOR, MIRACLE, ANAÏS-ANAÏS and NOA NOA for perfumes

The battle of the forms

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 15 2010

The parties involved in Tekdata Interconnections Ltd v Amphenol Ltd 2009 EWCA Civ 1209 (19 November 2009) were part of a chain of suppliers of engine control and had been doing business for many years

Twentieth Century Fox Film Corporation v Newzbin Ltd 2010 EWHC 608 (Ch): major victory for film industry against online piracy

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 3 2010

Mr Justice Kitchin's judgment in this case represents a major victory for the film industry against online piracy

The Jackson reforms come into effect

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 15 2013

The Jackson reforms, the result of a one-year review of costs in civil litigation by Lord Justice Jackson, were largely implemented on 1 April 2013

Yeda v Rhone: House of Lords rules on patent entitlement

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 28 2007

In a recent preliminary ruling in relation to Yeda Research and Development Company Limited v Rhone-Poulenc Rorer International Holdings Inc and others 2007 UKHL 43, the House of Lords were required to rule on whether Yeda was able to amend its pleadings so as to continue the case for entitlement

NICE drug appraisal process procedural unfairness

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 30 2008

In R (on the application of Eisai Ltd) v National Institute for Health and Clinical Excellence 2008 EWCA Civ 438, the UK Court of Appeal ordered the National Institute for Health and Clinical Excellence (NICE) to allow the pharmaceutical manufacturers Eisai and Pfizer access to information on how the NICE committee reached its decision on whether to recommend the prescription of the Alzheimer’s drug ARICEPT

Football Dataco Ltd v Brittens Pools Ltd: database copyright in football fixture lists.

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 30 2010

In Football Dataco Ltd v Brittens Pools Ltd 2010 EWHC 841 (Ch), Mr Justice Floyd has determined that the Claimants' football fixture lists are protected by the harmonised form of copyright provided for by Article 3 of the Database Directive, but has confirmed that the sui generis database right under Article 7 of the Directive does not apply to databases if the investment involved in their creation is limited to time and resources dedicated to the creation of the data themselves as opposed to their collection into a database

The Trademark Licensing Company Ltd and Lonsdale Sports Ltd v Leofelis SA: anatomy of an international licensing deal gone bad

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 30 2010

On an application for summary judgment in The Trademark Licensing Company Ltd and Lonsdale Sports Ltd v Leofelis SA 2010 EWHC 969 (Ch), the High Court of England and Wales held that where a defence to a claim might succeed, but probably would not, it was appropriate to make a conditional order requiring that the defendant make a payment into court

Sufficiency: when is a product a product - Biogen v Medeva revisited?

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • May 31 2008

In H Lundbeck AS v Generics (UK) Ltd and ors 2008 EWCA Civ 311 (10 April 2008), the Court of Appeal handed down an important judgment concerning patent sufficiency

"Extended passing off"

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • March 31 2010

In Diageo North America Inc v Intercontinental Brands (ICB) Ltd 2010 EWHC 17 (Ch), Mr Justice Arnold held that "vodka" is a term that is capable of distinguishing a particular class and quality of product

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