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Is proving a designer copied your article sufficient to prove unregistered design right infringement?
  • Gowling WLG
  • United Kingdom
  • June 27 2011

In determining infringement of an unregistered design right (UDR), it is necessary to determine both whether the allegedly infringing article is "exactly or substantially" the same as the UDR; and whether it is so because it was copied from the UDR.


The Court of Appeal highlights the risk of making groundless threats in settlement proceedings relating to trade mark disputes
  • Gowling WLG
  • United Kingdom
  • June 27 2011

The Court of Appeal in Best Buy Co. Inc and others v Worldwide Sales Corporation Espana S.L. (Court of Appeal (Civil Division),2011 EWCA Civ 618, judgment of Lord Neuberger of Abbotsbury, M.R.) has indicated that referring to infringing acts other than affixing, importing or supplying services under the trade mark, during without prejudice negotiations to settle a trade mark infringement dispute, may constitute an actionable threat.


Exhaustion of rights, authorised dealerships and Euro defences
  • Gowling WLG
  • United Kingdom
  • January 15 2010

M-Tech Data Limited (M-Tech) imported disk drives manufactured by Sun Microsystems Inc (Sun) into the UK and sold them to a third party.


Andrew Maggs
  • Gowling WLG