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Results: 1-10 of 67

Is a trade mark infringed by failure to identify the repackager of a parallel import?
  • McDermott Will & Emery
  • Denmark, European Union
  • November 29 2011

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports


CJEU rules on copyright protection of photographic portraits
  • McDermott Will & Emery
  • European Union
  • February 29 2012

In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work


Registrability of marks containing geographical indications of origin
  • McDermott Will & Emery
  • European Union, Finland
  • November 3 2011

“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication


The “innocent” copying defence: only applicable to works out of copyright
  • McDermott Will & Emery
  • United Kingdom
  • March 30 2012

In David Hoffman v Drug Abuse Resistance Education (UK) Ltd 2012 EWPCC 2, the Patents County Court of England and Wales assessed the use of the “innocent copying” defence under Section 97 of the Copyright Designs and Patents Act 1988


Further CJEU guidance on keyword advertising and trade mark infringement
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement


Jurisdiction to award damages for online infringement of “personality rights” clarified
  • McDermott Will & Emery
  • European Union
  • November 29 2011

The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused


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


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


Nominet decisions may be subject to appeal to the High Court
  • McDermott Will & Emery
  • United Kingdom
  • November 29 2011

In Michael Toth v Emirates 2011 EWPCC 18, his Honour Judge Birss QC, refused to strike out an application seeking to overturn a decision of a Nominet appeal panel that the registration of a domain name was abusive within the Nominet Dispute Resolution Service (DRS) Policy


CJEU considers effect of honest concurrent use in Budweiser reference
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use