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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


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


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”


“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


London 2012: advertising in the event zones
  • McDermott Will & Emery
  • United Kingdom
  • November 29 2011

England, Scotland and Wales are currently developing secondary legislation to regulate advertising activity and trading in open public places around Olympic and Paralympic events during the 2012 Games


Information Commissioner calls for compulsory data protection audits
  • McDermott Will & Emery
  • United Kingdom
  • November 29 2011

The Information Commissioner has called for an extension of powers to order the compulsory data protection auditing in sectors that are causing concern over their handling of personal information


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