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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"

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

Nominet opens registration of short .uk domains: registered rights sunrise

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 25 2011

The initial sunrise period for registration of "short" domain names in the United Kingdom was opened by Nominet, the registry for .uk domain names, on 1 December 2010 and closed on 17 January 2011

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

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

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