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Results: 1-10 of 26

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

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

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

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

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

“Obvious to try” U.S. and UK positions converge

  • McDermott Will & Emery
  • -
  • United Kingdom, USA
  • -
  • July 27 2009

Post KSR, KSR International Co. v. Teleflex Inc., (see IP Update, Vol. 10, No. 5), the “obvious to try” test has become a hot topic for U.S. patent lawyers

This bud’s for Budvar

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • August 27 2010

The Court of Justice of the European Communities dismissed an appeal by Anheuser-Busch from the General Court and the Board of Appeal at the Oppositional Division (OHIM) that its "Budweiser" trade mark should be registered despite the presence of three other "Budweiser" marks owned by Budĕjovický Budvar, národní podnik ("Budvar"), which opposed the registration of "Budweiser" by Anheuser-Busch

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

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