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Venable LLP | USA | 27 Sep 2021

Hedgeye granted injunction in trade secret lawsuit against former managing director

The firm Hedgeye Risk Management LLC was recently granted an injunction against former managing director Darius Dale for stealing the investment research house's financial models before resigning to start his own competing business. Federal Judge Andrew L Carter Jr found that the firm had "established a likelihood of success on the merits" regarding its claims against Dale for......
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Skadden Arps Slate Meagher & Flom LLP | Germany | 31 Aug 2021

Climate change litigation in Germany

This article analyses whether climate-related decisions against corporations may be possible in Germany by providing a summary of concluded and pending climate litigation as well as potential claims and their respective legal hurdles relating to claims for injunctive relief and damages. In brief, based on existing case law, potential claims often fail due to not establishing a sufficient......
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Danubia Patent and Law Office LLC | 30 Aug 2021

Preliminary relief in Hungary

In Hungary, preliminary relief against patent and trademark infringement is available via preliminary injunctions. The primary condition for such relief to be granted is that the probability of infringement can be demonstrated. This article discusses the key features of preliminary injunction proceedings in patent and trademark cases and explores how they are used in practice.
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RPC | China, Hong Kong | 29 Jan 2019

Update on reciprocal enforcement of mainland and Hong Kong civil judgments

The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (HKSAR) was recently signed by the Supreme People's Court and the HKSAR government. This is the sixth arrangement with the mainland on mutual legal assistance in civil and commercial matters and the third......
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Grau & Angulo | Spain | 28 Jan 2019

Courts adopt specific protocol to protect IP rights during MWC 2019

The next Mobile World Congress (MWC) will be held in Barcelona in February 2019. Foreseeing potential conflicts between the participating companies, the panel of judges of the Barcelona commercial courts has agreed – for the fifth consecutive year – to adopt a specific protocol to protect technology patents, industrial designs, trademarks and copyright and defend against unfair competition......
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Vellani & Vellani | Pakistan | 21 Jan 2019

Totality of impression and test of average consumer in trademark infringement

The Sindh High Court recently overturned a registrar of trademarks' decision following an appeal by Moonlite Trading and rejected MF Enterprises' application to register its infringing FASTER BLACK COBRA mark. The decision applied the concept of totality of impression and the average consumer test to ascertain whether the registration of the FASTER BLACK COBRA mark would infringe Moonlite......
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RPC | Hong Kong | 15 Jan 2019

Email scams and related recovery litigation

In a series of recent judgments, the first-instance courts in Hong Kong have demonstrated an increasing flexibility in assisting victims of internet and email fraud, including granting declaratory relief without trial. The courts' increasing willingness to grant declaratory relief without trial in these circumstances is a significant step in the right direction, as it has simplified the civil......
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Nagashima Ohno & Tsunematsu | Japan | 8 Jan 2019

Kyoto District Court rules on raising of capital by third-party allotment

The Kyoto District Court recently ruled in favour of a shareholder's petition that a listed issuer cease an offering of its new shares by third-party allotment on the grounds that the offering had been conducted through an 'extremely unfair method', despite having been approved by a resolution at the issuer's shareholders' meeting. The court adopted the main purpose rule in accordance with......
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Grau & Angulo | European Union | 24 Dec 2018

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the......
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RPC | Hong Kong, United Kingdom | 18 Dec 2018

Former employees gain head start?

The High Court recently considered the general legal principles for the grant of injunctive relief to protect an employer's confidential information alleged to have been taken by one or more former employees for the benefit of their new company. The outcome in the case (to date) illustrates the balance that the courts must often strike between recognising the legitimate interests of an......
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