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11 Aug 2017, 9:10 am
It’s about computation, compression, individual works—a work is only as complex as its shortest encoding.Tentative idea #1: Feist says there are hundreds of millions of ways to select 50,000 listings; about 1,500,000 bits to describe an arbitrary selection—but it’s a lot easier to describe Feist’s actual selection, and that is an indicator of lack of original creativity.Tentative idea #3: quantify factor 3: a compressed image could be seen as 100%, but… [read post]
27 May 2013, 12:48 am
Says the IPKat, this case was only going to go one way on the authorities, but it's worth looking at the following attempt to express a principle of policy by Lord Neuberger, speaking for the court at [44]: Particularly in a modern economy, the law has to maintain a realistic and fair balance between (i) effectively protecting trade secrets (and other intellectual property rights) and (ii) not unreasonably inhibiting competition in the market place. [read post]
20 Jun 2011, 5:05 am
Sinclair Collis Ltd, R (o.t.a) v. [read post]
31 May 2019, 8:07 am
"Words can not truly express the gratitude that I feel toward Mr. [read post]
30 Mar 2015, 1:07 am
R (Newhaven Port and Properties Ltd) v East Sussex County Council & ANor [2015] UKSC 7 R (Newhaven Port and Properties Ltd) v East Sussex County Council & Anor [2015] UKSC 7 concerned an area of land, known as West Beach, along the East Sussex foreshore within the operational land of Newhaven Harbour, which has existed since the mid-sixteenth century. [read post]
23 Nov 2020, 6:19 am
Elcom Ltd. [read post]
17 Mar 2020, 11:22 pm
To hold the Applicant to such an obligation would be to stretch the Agreement beyond its express wording. [read post]
7 Oct 2011, 5:21 am
Healthpoint, Ltd. v. [read post]
25 May 2016, 4:23 pm
The correct test approach was summarised in PJS v News Group Newspapers Ltd ([2016] UKSC 26). [read post]
21 Apr 2024, 7:51 pm
The New Zealand High Court has now decided that, in its view, there is no place for anti-suit injunctions under the TTPA regime: A-Ward Ltd v Raw Metal Corp Pty Ltd [2024] NZHC 736 at [4]. [read post]
14 Sep 2010, 4:12 pm
Nature’s Blend Pty Ltd v Nestlé Australia Ltd [2010] FCAFC 117 (Stone, Gordon and Mckerracher JJ) Comment on decision at first instance. [read post]
6 Jun 2011, 2:37 pm
Eaton Mansions (Westminster) Ltd were the head lessee, being a management company owned by all the lessees of flats. [read post]
6 Jun 2011, 2:37 pm
Eaton Mansions (Westminster) Ltd were the head lessee, being a management company owned by all the lessees of flats. [read post]
25 May 2007, 6:52 am
Rather, it was adopted as a distinctive title for the series, used in a way which would readily lead to the series being associated in the public mind as the work of a particular author.* The good news for Knight was that, on the evidence, he had indeed established a reputation in Mythbusters by 1993. [read post]
15 Jun 2007, 2:42 am
Each badge was designed in such a way that its outline shape followed, and was dictated by, the outline of the artistic design that was its subject matter. [read post]
7 Jan 2020, 1:58 am
Ltd V Aiwa Corp in the UK High Court. [read post]
21 Aug 2012, 6:00 am
Cabana Ltd. [read post]
15 Aug 2020, 4:05 am
The survey showed some degree of recognition of the shape and a level of association with JLR, but not recognition of the shapes as trade marks, i.e. as designating the goods of JLR and no other's.For those reasons, the Court was satisfied that the Hearing Officer had carefully and fairly assessed the survey evidence in a way which disclosed no error of principle.CommentWhat this case essentially confirms is the approach previously adopted by Arnold J (as he then was) in… [read post]
23 Jan 2024, 4:33 pm
Duke of Sussex v MGN Ltd [2023] EWHC 3217 (Ch). [read post]
23 Dec 2020, 8:43 am
The conclusion that the High Court drew from Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd (2010) EWCA Civ 314 was that s.44 CA applied if the legislation in issue and context expressly requires a signature by the relevant person itself, there is no other way of a corporate person satisfying this requirement other than by way of the general law (which requires execution under section 36A or its successor). [read post]