Court of Appeal decision on damages in breach of confidence case

  • The latest appeal judgment in a long-running and significant breach of confidence case involving mosquito net design
  • Guidance on the calculation of damages where a product is derived from, rather than a direct result of, misuse of confidential information

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The Cost of Proportionality

  • The Patents Court has ruled on costs budgets in a case concerning an infringement claim for a simple patent
  • Costs budgets have to be proportionate to the value of the claim in question

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Liability for website operator that published hyperlinks to copyright materials

  • Website operator liable for publishing links to material made freely available on another website in breach of copyright
  • Where a hyperlink is provided for financial gain, there will be a presumption of knowledge of illegality

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Food for thought: summary judgment refused in UB40 passing off case

  • UB40 band members in passing off dispute over "UB40" name
  • Defendants claimed assignment of goodwill from company in liquidation
  • Goodwill may have been "extinguished", as commercial activities had ceased

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ISP blocking orders for trade mark infringement

  • Court of Appeal upholds orders requiring Internet Service Providers (ISPs) to block access to certain third party websites which commercialise counterfeit goods and bear the blocking cost
  • Important new weapon for rights holders in the continued fight against online IP infringement

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High Court orders destruction of confidential information on ex-employee's computer

  • Claim alleging that ex-employee of claimant had misused confidential information in his new position at a competitor
  • Claimant sought interim mandatory injunction requiring deletion of information held on electronic devices
  • Interim injunction granted, subject to certain safeguards

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ECJ rules on right of European Union Design licensee to bring infringement proceedings

  • The licensee of a European design registration does not have to have recorded the licence on the European Union Designs Register to be able to bring proceedings for the infringement of the licensed design
  • The licensee of a European design registration is also entitled to claim damages for its own losses suffered by the infringement of the design

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