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Results: 1-10 of 21

SCRABBLE misses out on double word score in app dispute
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 2 2015

In the recent case of J.W. Spear & Sons Ltd & Others v Zynga Inc 2015 EWCA Civ 290 the Court of Appeal considered trade mark infringement and


Extension of the Advertising Standards Authority's digital remit
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 1 2011

From 1 March 2011, the Advertising Standards Authority's ("ASA") digital remit will be extended to include advertisers' own marketing claims on their own websites and in other non-paid-for space under their control, such as social networking sites like Twitter and Facebook


Interflora - victory for trade mark owners on keyword advertising, but for how long?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 23 2013

The use by Marks & Spencer ("M&S") of the keyword "Interflora" to trigger search results via Google AdWords for M&S's flower service, has been held


Second time unlucky for Interflora in the Court of Appeal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 5 2013

The Court of Appeal today handed down judgment in the case of Interflora Inc. & others v Marks and Spencer PLC 2013 EWCA Civ 319, with Lewison LJ


Court of Appeal sends Interflora back to the High Court (again) for retrial with Marks and Spencer
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 6 2014

The Court of Appeal has allowed Marks and Spencer's appeal in part and remitted the case to the High Court for a retrial of the infringement claims


Internet service providers ordered to block sites selling counterfeits
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 23 2014

On 17 October 2014, Arnold J handed down his landmark judgment in Cartier, Montblanc and Richemont v BSkyB, BT, TalkTalk, EE and Virgin 2014 EWHC


Amazon infringes Lush's trade mark by bidding on "Lush" as a keyword and by displaying it on its own website
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 14 2014

Lush's Community trade mark was held to be infringed by Amazon's purchase and use of "lush" as a keyword through Google AdWords where the sponsored


The Court of Appeal confirms that obligations imposed under the Digital Economy Act 2010 upon ISPs relating to unlawful file-sharing by their subscribers comply with EU law
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 16 2012

The Court of Appeal has dismissed BT's and TalkTalk's challenge to the enforceability of obligations imposed on ISPs under the Digital Economy Act 2010 relating to unlawful file-sharing by subscribers and has confirmed that such obligations comply with EU law


Judicial review of the Digital Economy Act 2010 upholds online infringement provisions but lets ISPs off the hook on costs
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 3 2011

On an application for judicial review of the Digital Economy Act 2010 ("DEA") brought by BT and TalkTalk, the High Court has held that the DEA's provisions on online infringement, which oblige ISPs to assist in identifying copyright infringers are compatible with EU law


Interflora - the sweet smell of success, or a muted victory for trademark owners?
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union
  • September 26 2011

In Interflora v Marks & Spencer, the Court of Justice ("CJEU") has provided some clarification on the scope of trade mark protection where a competitor uses a registered mark as a keyword