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Terminating a contract for change of control
- Bird & Bird
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- United Kingdom
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- March 4 2008
A trade mark owner was held to have waived its right to terminate a long term commercial agreement following the licensee's change of control, because it continued to accept payment of royalties long after it became aware of the change
European Court of Justice decision - Intel Corporation Inc v CPM United Kingdom Limited
- Bird & Bird
- -
- European Union, United Kingdom
- -
- April 2 2009
For many years European national courts have wrestled with the concept of how broad the protection should be for registered trade marks with a reputation
Kenwood escapes Whirlpool Court of Appeal considers the scope of protection of a 3D shape mark for a food mixer
- Bird & Bird
- -
- United Kingdom
- -
- September 23 2009
In Whirlpool Corporation v Kenwood, the Court of Appeal dismissed Whirlpool’s appeal against the finding that Kenwood’s kMix mixer did not infringe Whirlpool’s Community trade mark in respect of its KitchenAid Artisan mixer
'Good faith' under English law: Manchester United-branded products dispute breaks new ground
- Bird & Bird
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- Singapore, United Kingdom
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- February 18 2013
Manchester United is a global brand which is very strong in Asia and the Middle East. In 2009 Singapore-based company Yam Seng entered into an
ECJ answers questions on Bristol-Myers Squibb conditions in relation to parallel imports
- Bird & Bird
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- European Union
- -
- May 16 2008
The conjoined Boehringer Ingelheim & Anr v Swingward; Boehringer Ingelheim & Anr v Dowelhurst cases have been running for a number of years and concern the circumstances in which owners of trade marks covering medicinal products can prevent the parallel import of goods that they have placed on the market in the EU which have then been repackaged by parallel importers for sale elsewhere in the EU
Press clipping activities constitute copyright infringement
- Bird & Bird
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- Spain
- -
- December 14 2009
More than two years ago, 55 newspaper publishers brought a claim against the corporation Documentacion de Medios S.A., for using the content of the newspapers in their press clipping service
Declaratory relief a flexible remedy
- Bird & Bird
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- United Kingdom
- -
- May 13 2009
Recently the English courts have shown a willingness to grant new kinds of declarations in patent cases where a declaration of non-infringement was not an appropriate remedy
German Federal Supreme Court decided on printer levies
- Bird & Bird
- -
- Germany
- -
- June 2 2008
In two landmark judgments of 6 December 2007 and 30 January 2008, the German Federal Supreme Court (“FSC“) has ruled that the so called “reprographic copyright levy“ implemented by the German legislator to compensate for licence-free copying made with traditional photocopiers does not apply to single function printers
EPO Enlarged Board of Appeal rejects patent that requires human embryos for implementation
- Bird & Bird
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- United Kingdom
- -
- December 31 2008
In its decision of 25 November 2008 the EPO Enlarged Board of Appeal (EBA) considered four questions referred to it by the EPO Technical Board of Appeal concerning a patent application by Wisconsin Alumni Research Foundation (WARF) with claims to “a cell culture comprising primate embryonic stem cells…”
“As such” the UK’s final words?
- Bird & Bird
- -
- European Union, United Kingdom
- -
- June 2 2008
The tortuous development of the law concerning patents for software-related inventions in Europe has had many people scratching their heads in puzzlement
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