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SIMION & BACIU | European Union | 15 May 2023
Power of res judicata before EUIPO: national court decisions rendered in trademark conflicts
National court rulings on cases addressing trademark conflicts often have a significant impact in cases heard before the European Union Intellectual Property Office (EUIPO). This article considers to what extent the considerations taken by the national court have res judicata authority or res judicata power over a subsequent procedure seeking the cancellation of the identical or similar EU......
RPC | United Kingdom | 11 Apr 2023
No definitive rules: Court of Appeal clarifies application of Henderson abuse principle
The Court of Appeal rejected an appeal which argued that new claims, based on issues which were "raised but not brought" in previous proceedings, fell outside of the Henderson abuse principle. The Court's decision emphasised that the courts will take a merit-based, non-dogmatic approach when evaluating the application of the Henderson abuse principle to new claims.
SMARTLEGAL Schmidt & Partners | Hungary | 28 Mar 2023
Hungarian Supreme Court restricts excessive res judicata effects via uniformity decision
Does the res judicata effect of a final judgment preclude a claimant from pursuing an unclaimed part of their claim in a new lawsuit in Hungary? The Hungarian Supreme Court recently issued a uniformity decision on the above question, putting an end to a long-standing debate. This article analyses this decision and its possible consequences.
AG Erotocritou LLC | Cyprus | 12 Jul 2022
Cyprus court rejects application for interim orders due to abuse of process and res judicata
In a recent judgment, the president of the District Court of Nicosia held that the refiling of an action, after a previous action on the same issues was withdrawn because the Court had then refused to issue orders on an ex parte basis, constitutes abuse of process. In its judgment, the Court sought to prevent abusive practices by litigants, and took a pragmatic approach with regard to the......
Gan Partnership | Malaysia | 14 Jun 2022
Liquidated damages – second bite of the cherry?
In a recent case, the High Court discussed the circumstances in which purchasers are not entitled to bring an action against developers and related parties. The case serves as a caution that the Court will be unlikely to entertain parties that intend to reopen claims which have already been litigated before a competent tribunal or have been settled amicably by way of settlement agreements.
Clasis Law | India | 15 Mar 2022
Is admiralty suit in rem maintainable against vessel owned by company under liquidation?
In a recent case, the plaintiff sought a summary judgment through an interim application in a commercial admiralty suit before the Bombay High Court under Order XIII-A read with Order XII Rule 6 of the Code of Civil Procedure against the defendant vessel. The suit was filed to recover, among other things, port charges and berth hire charges, aggregating to a sum of 93,719,098 Indian rupees......
Bryan Cave Leighton Paisner LLP | United Kingdom | 12 Oct 2021
Vale SA v Steinmetz: English court held that an arbitral decision cannot be relied upon in proceedings between non-parties
In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had…
Bird & Bird LLP | European Union, Germany | 5 Oct 2021
Year in review: notable 2020 Patent Cases in Germany
This was a landmark Federal Court of Justice decision considering the CJEU’s ruling in Huawei v ZTE (Case C-170/13). Among other issues, it…
Eversheds Sutherland (US) LLP | USA | 15 May 2020
Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion
On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by…
Danubia Patent and Law Office LLC | Hungary | 3 Apr 2020
Fallibility of a three dimensional mark
This article ought to be started with a report on a previous cancellation procedure, object of which was the same three dimensional mark, the…
