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Results: 11-20 of 22

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

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

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

Exclusive jurisdiction clause

  • McDermott Will & Emery
  • -
  • United Arab Emirates, United Kingdom
  • -
  • February 27 2009

In Middle Eastern Oil LLC v National Bank of Abu Dhabi 2008 EWHC 2895 (Comm) the High Court of England and Wales stayed English proceedings after finding that a banking agreement conferred exclusive jurisdiction on the courts of the United Arab Emirates (UAE

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"

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

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