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Results: 1-10 of 22

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

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

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

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

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

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

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

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