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Spiller v Joseph: defamation and “honest comment"
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims
National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In National Guild of Removers & Storers Ltd v Christopher Silveria 2010 EWPCC 15, His Honour Judge Birss QC, sitting in the Patents County Court, has found that damages assessed on the "user" principle are available in cases of trade mark infringement and passing off in the same way as in patent infringement cases
Unilever plc v Ian Alexander Shanks: calculating employee compensation
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL
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
JIH v News Group Newspapers Ltd: privacy, interim injunction, open justice and refusal to grant anonymity
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In JIH v News Group Newspapers Ltd 2010 EWHC 2818 (QB), the High Court of England and Wales refused to continue an anonymity order, despite the parties having agreed thereto, but agreed to continue an order to withhold all information concerning the subject-matter of the case
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
La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR): word and device marks, conceptual similarity and likelihood of confusion
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR) BL 0-333-10 16 September 2010, Geoffrey Hobbs QC allowed an appeal by Baker Street Clothing Ltd in respect of its opposed applications to register the word ALLIGATOR as a UK trade mark
Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
- McDermott Will & Emery
- -
- European Union
- -
- January 25 2011
In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported
Rooney v CSE Bournemouth Ltd: terms and conditions available upon request
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms
Current Search
- Workarea - Litigation
- Firm Name - McDermott Will & Emery
- Author - Francesco Mattina
- Author - Gary Moss
- Author - Boris Uphoff