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Lifestyle Management Ltd v Frater: domain names and instruments of fraud
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
Pointing domain names, which are similar to a former principal's website, to websites that closely resembled the home page of the former principal has been found to be an act of passing off
Cowshed Products Ltd v Island Origins Ltd: interim injunction and the risk of injustice
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
In a case that shows the difficulty of applying the American Cyanamid principles to passing off and trade mark infringement, the judge follows the approach in John Walker & Sons v Rothmans International and Management Publications v Blenhiem Exhibitions and examines where the risk of injustice lies
Football Dataco Ltd v Yahoo! UK Ltd: database right and database copyright
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
The Court of Appeal of England and Wales has confirmed that sui generis database right does not subsist in football fixture lists
Cephalon Inc v Orchid Europe Ltd: generics, interim injunctions and “clearing the way”
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 28 2011
The High Court of England and Wales has refused to grant an interim injunction to Cephalon against Orchid Europe Ltd's generic version of Cephalon's patented sleeping disorders drug, modafinil
Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
- McDermott Will & Emery
- -
- Czech Republic, European Union
- -
- February 28 2011
The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself
Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation
- McDermott Will & Emery
- -
- European Union
- -
- January 25 2011
Sony sought to register the mark illustrated below as a Community Trade Mark (CTM), filing during prosecution a written description of the mark's movement
Long v Comptroller General of Patents: insufficiency and ambiguity
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Ms Long filed a patent application for an invention that provided car parks with an indicator for showing whether a space was occupied
Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
- McDermott Will & Emery
- -
- European Union
- -
- January 25 2011
The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-15909, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading
Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co KG v Österreich-Zeitungsverlag GmbH: prize promotions and unfair commercial practices
- McDermott Will & Emery
- -
- European Union
- -
- January 25 2011
The European Court of Justice (ECJ) in Mediaprint Zeitungsund Zeitschriftenverlag GmbH & Co KG v Österreich- Zeitungsverlag GmbH C-54008 has held that the possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of the Unfair Commercial Practices Directive (200529EC), simply on the ground that that is what induced some of the consumers concerned to buy the newspaper in the first place
The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
This ruling from Mrs Justice Proudman confirms that businesses using an online commercial media monitoring service require a licence from the Newspaper Licensing Agency Ltd
Current Search
- Workarea - Litigation
- Firm Name - McDermott Will & Emery
- Author - Francesco Mattina
- Author - Gary Moss