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High Court declares ASOS UK trade mark not detrimental to ASSOS CTM
  • McDermott Will & Emery
  • United Kingdom
  • May 8 2014

In Maier v Asos plc 2014 EWHC 123 (Ch), the High Court of England and Wales has rejected a challenge to the registration of the UK trade mark ASOS


High Court restrains use of QUEENSBERRY mark for sports equipment
  • McDermott Will & Emery
  • United Kingdom
  • May 8 2014

In Boxing Brands Limited v Sports Direct International Plc and others 2014 EWHC 91 (Ch), the High Court of England and Wales found that the


Court of Appeal holds Kiddee Case does not infringe Trunki’s CRD for ride-on suitcase
  • McDermott Will & Emery
  • United Kingdom
  • May 8 2014

In Magmatic Ltd v PMS International Ltd 2014 EWCA Civ 181, the Court of Appeal has overturned a decision of Arnold J, finding that the Kiddee Case


UK Patents County Court finds copyright subsists in digitally manipulated photograph
  • McDermott Will & Emery
  • United Kingdom
  • February 29 2012

In Temple Island Collections Ltd v New English Teas Ltd 2012 EWPCC 1 (12 January 2012), Judge Birss QC found that an image belonging to New English Teas infringed the copyright subsisting in a digitally manipulated photograph of a London scene created by Temple Island Collections


“UK’s safest broadband”: TalkTalk in breach of CAP and BCAP Code
  • McDermott Will & Emery
  • United Kingdom
  • February 29 2012

TalkTalk’s adverts claiming to offer the “UK’s safest broadband” have been found to be in breach of the Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) Code


Wella fails to prove distinctiveness of SHAPER mark
  • McDermott Will & Emery
  • United Kingdom
  • February 29 2012

In Wella Corporation v Alberto-Culver Company 2011 EWHC 3558 (Ch), the UK High Court upheld the decision of a UK Intellectual Property Office Hearing Officer who rejected the application by Wella Corporation to invalidate the Alberto- Culver Company mark FUNKY SHAPER based on Wella’s earlier Community trade mark for SHAPER


Nominet proposes changes to UK generic top level domain name registration rules
  • McDermott Will & Emery
  • United Kingdom
  • February 29 2012

Nominet, which runs one of the world’s largest internet registries and manages over nine million domain names, has proposed changing the rules of domain name registration for .ltd.uk, and .plc.uk domains to ensure that each company is entitled to a unique domain name


Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?
  • McDermott Will & Emery
  • European Union, United Kingdom
  • March 30 2012

In Football Association Premier League Ltd v QC Leisure 2012 EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011


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


Serious e-privacy breaches: ICO guidance on monetary penalties
  • McDermott Will & Emery
  • United Kingdom
  • March 30 2012

The Information Commissioner’s Office (ICO) has laid before the UK Parliament a draft of its new guidance on monetary penalties