We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 50

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


Sui generis database rights and what constitutes a substantial part
  • McDermott Will & Emery
  • United Kingdom
  • November 3 2011

In Beechwood House Publishing v Guardian Products Ltd 2011 EWPCC 22, the Claimant’s database right was found to have been infringed when the Defendants extracted 6,000 records from the Claimant’s database of 43,000 records


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


Foreign companies need actual customers in the United Kingdom to establish passing off
  • McDermott Will & Emery
  • United Kingdom
  • November 29 2011

In Plentyoffish Media Inc v Plenty More LLP 2011 EWHC 2568 (Ch), the High Court of England and Wales has held that a foreign company’s reputation in the United Kingdom does not equate to goodwill in the United Kingdom and that actual customers are needed to bring an action in passing off


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”


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


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


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


“The War of the Roses”: proportionality and use in accordance with honest practices
  • McDermott Will & Emery
  • United Kingdom
  • November 3 2011

Samuel Smith Old Brewery v Philip Lee (ta Cropton Brewery) 2011 EWHC 1879 (Ch) concerns two breweries, Yorkshire pride, and a lost sense of proportionality