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 32

BIT protections unaffected by EU law: Eastern Sugar BV v Czech Republic
  • Herbert Smith Freehills LLP
  • Czech Republic, European Union, Netherlands
  • January 8 2008

According to a tribunal constituted under the UNCITRAL (United Nations Commission on International Trade Law) Rules, protections enjoyed by foreign investors under the Czech-Netherlands Bilateral Investment Treaty are not superseded by the Czech Republic’s accession to the EU


Two stripes and you're out - ECJ finds decorative use of stripes can still be an infringement of adidas's three-stripes mark and that the "availability" argument does not apply
  • Herbert Smith Freehills LLP
  • European Union, Netherlands
  • April 15 2008

The general public interest in ensuring that there is availability of certain signs for commercial use (that is a consideration for the assessment of registrability or revocation) is not relevant to considerations of the extent of protection afforded to a mark in terms of the likelihood of confusion (Article 5(1)(b) Trade Marks Directive (Directive); section 10(2) Trade Marks Act 1994 (Act)) or assessment of unfair advantage (Art.5(2) Directive; section 10(3) Act), nor could it be used as a defence in relation to the limitation of the effects of a trade mark under unless the sign used specifically related to the kind, quality or nature of the goods etc (Art. 6(1)(b) Directive; section 11(2) Act


Multinationals’ risks of being subject to court proceedings in their home jurisdictions for acts committed overseas- EU versus US position
  • Herbert Smith Freehills LLP
  • European Union, Netherlands, United Kingdom, USA
  • March 5 2015

The recent settlement of claims brought by Nigerian fishermen in the English courts against the oil company Shell serves as a reminder that


Amanda Hale
  • Herbert Smith Freehills LLP

Dominic Roughton
  • Herbert Smith Freehills LLP

Angela Zhang
  • Herbert Smith Freehills LLP

Antony Crockett
  • Herbert Smith Freehills LLP

Donald Robertson
  • Herbert Smith Freehills LLP

Anne Hoffmann
  • Herbert Smith Freehills LLP

James Robinson
  • Herbert Smith Freehills LLP