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Results: 1-10 of 67

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


Eminence Property Developments Ltd v Kevin Heaney: “ a mere honest misapprehension will not justify a charge of repudiation"
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

A mistake in calculating the number of days (counting "days" rather than "working" days) in a contract's completion timing led to a dispute (Eminence Property Developments Ltd v Kevin Heaney 2010 EWCA Civ 1168) as to whether it had been repudiated properly and thus terminated validly


Privilege against self-incrimination and the scope of the intellectual property exception
  • McDermott Will & Emery
  • United Kingdom
  • March 30 2012

In Stephen John Coogan v News Group Newspapers Ltd 2012 EWCA Civ 48 the Court of Appeal of England and Wales upheld orders from the High Court of England and Wales requiring the private investigator for the former News of the World newspaper, Mr Mulcaire, to provide information regarding his phone hacking activities, despite Mr Mulcaire’s argument that to do so would infringe his privilege against self-incrimination


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


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


EDI Central Ltd v National Car Parks Ltd: all reasonable endeavours and utmost good faith
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In EDI Central Ltd v National Car Parks Ltd 2010 CSOH 141, Lord Glennie found that EDI Central Ltd had not breached a contractual obligation to pursue, "with all reasonable endeavours and as would be expected of a normal prudent commercial developer experienced in developments of that nature", the development of an NCP car park


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


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


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


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