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 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


Spiller v Joseph: defamation and “honest comment"
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims


National Guild of Removers & Storers Ltd v Christopher Silveria: damages assessed on the “user” principle
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In National Guild of Removers & Storers Ltd v Christopher Silveria 2010 EWPCC 15, His Honour Judge Birss QC, sitting in the Patents County Court, has found that damages assessed on the "user" principle are available in cases of trade mark infringement and passing off in the same way as in patent infringement cases


The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

This ruling from Mrs Justice Proudman confirms that businesses using an online commercial media monitoring service require a licence from the Newspaper Licensing Agency Ltd


Specsavers International Healthcare Ltd v Asda Stores Ltd: Asda “rides on the coat-tails” of Specsavers’ reputation
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In October 2009, Asda re-launched its optician services through a marketing campaign featuring the following logo and the straplines "be a real spec saver at Asda" and "spec savings at Asda"


La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR): word and device marks, conceptual similarity and likelihood of confusion
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

In La Chemise Lacoste SA and Baker Street Clothing Ltd (ALLIGATOR) BL 0-333-10 16 September 2010, Geoffrey Hobbs QC allowed an appeal by Baker Street Clothing Ltd in respect of its opposed applications to register the word ALLIGATOR as a UK trade mark