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Results: 1-10 of 23

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


Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
  • McDermott Will & Emery
  • European Union
  • January 25 2011

The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-15909, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading


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


Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
  • McDermott Will & Emery
  • Czech Republic, European Union
  • February 28 2011

The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself


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


Exclusive jurisdiction clause
  • McDermott Will & Emery
  • United Kingdom, United Arab Emirates
  • February 27 2009

In Middle Eastern Oil LLC v National Bank of Abu Dhabi 2008 EWHC 2895 (Comm) the High Court of England and Wales stayed English proceedings after finding that a banking agreement conferred exclusive jurisdiction on the courts of the United Arab Emirates (UAE


Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
  • McDermott Will & Emery
  • European Union
  • January 25 2011

In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported