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Results: 1-10 of 22

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


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


Unilever plc v Ian Alexander Shanks: calculating employee compensation
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

Professor Shanks made an invention patented by his employer, Unilever UK Central Resources Ltd (CRL


ITV Broadcasting Ltd v tv Catch Up Ltd: communication to the public of a broadcast
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

Refusing the Defendant's application for summary judgment in ITV Broadcasting Ltd v TV Catch Up Ltd 2010 EWHC 3063 (Ch), Mr Justice Kitchin has held that, as regards broadcasts, the meaning of communication to the public within Section 20 of the Copyright Designs and Patents Act 1988 is not limited to broadcasts but extends to all communications by electronic means, whether one-to-one or one-to-many


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


JIH v News Group Newspapers Ltd: privacy, interim injunction, open justice and refusal to grant anonymity
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In JIH v News Group Newspapers Ltd 2010 EWHC 2818 (QB), the High Court of England and Wales refused to continue an anonymity order, despite the parties having agreed thereto, but agreed to continue an order to withhold all information concerning the subject-matter of the case