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Results: 1-4 of 4

High Court of England and Wales rules on threats and jurisdiction in declaration for non-infringement

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 30 2012

In Samsung Electronics (UK) Ltd and others v Apple Inc 2012 EWHC 889 (Ch), the High Court of England and Wales considered several preliminary issues in a case involving Apple’s registered Community design for a tablet computer

Registered community designs can infringe earlier registered community designs

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 30 2012

The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (62002EC) in its decision in Case C-48810 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL

High burden of proof where concerted copying is alleged

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 29 2011

In Pro-Tec Covers Ltd v Specialised Covers Ltd 2011 EWPCC 23, Richard Meade QC, sitting in the Patents County Court, has provided a detailed judgment on an unregistered design right infringement dispute, in which Pro-Tec had alleged that Specialised had undertaken “a concerted campaign of copying by at least four people, followed by a concerted campaign of lying about it and covering it up”

The European General Court decides only visible parts determine overall impression

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character

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