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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


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


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


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


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


OFT response to Green Paper on policy options for progress towards a European contract law for consumers and businesses
  • McDermott Will & Emery
  • United Kingdom
  • February 28 2011

The Office of Fair Trading (OFT) has issued a response to the call from the Ministry of Justice for evidence and views on the European Commission's Green Paper on policy options for progress towards a European contract law for consumers and businesses


Football Dataco Ltd v Yahoo! UK Ltd: database right and database copyright
  • McDermott Will & Emery
  • United Kingdom
  • February 28 2011

The Court of Appeal of England and Wales has confirmed that sui generis database right does not subsist in football fixture lists


Cephalon Inc v Orchid Europe Ltd: generics, interim injunctions and “clearing the way”
  • McDermott Will & Emery
  • United Kingdom
  • February 28 2011

The High Court of England and Wales has refused to grant an interim injunction to Cephalon against Orchid Europe Ltd's generic version of Cephalon's patented sleeping disorders drug, modafinil


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


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