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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
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
Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
In October 2009, Asda re-launched its optician services through a marketing campaign featuring the following logo and the straplines "be a real spec saver at Asda" and "spec savings at Asda"
ITV Broadcasting Ltd v tv Catch Up Ltd: communication to the public of a broadcast
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
Refusing the Defendant's application for summary judgment in ITV Broadcasting Ltd v TV Catch Up Ltd 2010 EWHC 3063 (Ch), Mr Justice Kitchin has held that, as regards broadcasts, the meaning of communication to the public within Section 20 of the Copyright Designs and Patents Act 1988 is not limited to broadcasts but extends to all communications by electronic means, whether one-to-one or one-to-many
Eminence Property Developments Ltd v Kevin Heaney: “ a mere honest misapprehension will not justify a charge of repudiation"
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
A mistake in calculating the number of days (counting "days" rather than "working" days) in a contract's completion timing led to a dispute (Eminence Property Developments Ltd v Kevin Heaney 2010 EWCA Civ 1168) as to whether it had been repudiated properly and thus terminated validly
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
Current Search
- Workarea - Litigation
- Firm Name - McDermott Will & Emery
- Author - Francesco Mattina
- Author - Gary Moss