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15 Aug 2016, 7:05 am
Simon Malynicz QC suggested that, on the basis of Arnold J’s judgment, the injunction jurisdiction would survive Brexit relatively easily, but that Kitchin LJ has now made that considerably less clear-cut.The panel then considered the reason the issue arose in the first place, namely the UK Government’s decision not to implement Article 11 of the Enforcement Directive expressly into national law, in the way that it had Article 8(3) of the InfoSoc… [read post]
6 Jul 2016, 4:04 am
 As [Arnold J] observed, each of the first three conditions follows from the wording of Article 11 itself. [read post]
1 May 2016, 12:08 am
The IPKat is delighted to host a guest contribution by Simon Chapman (Lewis Silkin) on this very topic and on a case (Jack Wills v House of Fraser) in which he and his team have acted for the defendant.Here's what Simon writes:"Following Mr Justice Arnold’s finding (Jack Wills Limited v House of Fraser (Stores) Limited [2014] EWHC 110 (Ch)) that retailer House of Fraser was liable for trade mark infringement and passing off after… [read post]
12 Mar 2016, 3:16 am
The afternoon session provides an insight into comparative approaches at both the legal/judicial and policy levels.As far as trade marks are concerned, this Kat so far has found particularly interesting the argument that Simon Malynicz QC (Three New Square) put forward, ie that when it comes to trade marks with a reputation, their repute might actually reduce the risk of confusion rather than (as the case law seems to suggest) enhancing it. [read post]
4 Jan 2016, 10:30 am by Josh H. Escovedo
” Counsel for the Redskins, Quinn Emanuel and Arnold & Porter, argue that this notion is disturbing. [read post]
7 Oct 2015, 6:20 pm by Colin O'Keefe
At Least for Some Frivolous Wage Statement Claims – Simon L. [read post]
31 Jul 2015, 9:34 am by Jim Walker
CNBC's Simon Hobbs reported that as long as propulsion is not lost and passengers are not stranded at sea, a cruise ship fire is "not material for investors. [read post]
29 Jun 2015, 9:28 am by Rebecca Tushnet
Session 2: Establishing the Features of the Consumer The UK courts have in recent years been quite explicit that the consumer is a normative construct, a fiction, and a benchmark. [read post]
3 May 2015, 10:33 pm
  Never too late 41 [week ending on Sunday 12 April] – Nagoya Protocol for dummies | The IPKat and his friends | Actial Farmaceutica Lda v Claudio de Simone | Article 5(5) of the EU's Trade Mark Directive 2008/95 | Article 16(3) of our beloved TRIPS | Italy v Spain in copyright enforcement online. [read post]
22 Apr 2015, 12:08 pm by Lesley Schoenfeld
A recent discovery that provides wonderful insight into early collecting efforts is a letter from Simon Greenleaf and Joseph Story to Chief Justice Lemuel Shaw (1781-1861) dated June 2, 1840. [read post]
26 Feb 2015, 6:40 pm
 Other panelists includes Carrie Severino of the Judicial Crisis Network, Simon Lazarus of the Constitutional Accountability Center, and Robert Weiner of Arnold & Porter. [read post]
20 Feb 2015, 6:19 am
” Other panelists include Carrie Severino of the Judicial Crisis Network, Robert Weiner of Arnold & Porter, and Simon Lazarus of the Constitutional Accountability Center. [read post]
13 Nov 2014, 11:59 am by Matthew R. Arnold, Esq.
Riverside attorney Jean-Simon Serrano said Long tried to delay responding officers by waiting a few minutes after the crash to call 911. [read post]
7 Nov 2014, 6:30 am
_________Editors Professor Anita Ramasastry Professor Michael Santoro Professor Florian Wettstein Associate Professor Surya Deva … [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
12 Aug 2014, 9:55 pm by Patent Docs
The judge, Mr Justice Arnold, held that the court should not shut its eyes to the prosecution file but should ensure a patentee did not abuse the system by accepting narrow claims during prosecution and... [read post]