Search for: "LJS CO. v. Marks"
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9 Feb 2016, 6:07 am
In Bongrain SA’s Trade Mark Application [2004] EWCA Civ 1690 at [26]-[28], Jacobs LJ had, interpreting various European case law including Joined Cases C-456/01P and C-457/01 P Henkel v OHIM EU:C:2004:258, rejected the idea that a “fancy” or unusual shape of goods would automatically be taken by the public as a trade mark denoting trade origin. [read post]
29 Nov 2016, 2:44 am
In Interflora Inc v Marks and Spencer Plc [2012] EWCA Civ 1501 Lewison LJ referred to Neutrogena [1996] R.P.C. 473 that:"...There is passing off even if most of the people are not fooled most of the time but enough are for enough of the time. [read post]
13 Dec 2021, 5:26 am
In our recent paper, we critique Abbott’s proposal whilst contemplating AI’s status as property or person.It is perhaps most interesting to compare the contrasting fortunes of the Project’s filings in Australia (Thaler v Commissioner of Patents [2021] FCA 879) and England and Wales (Thaler v The Comptroller-General of Patents, Designs And Trade Marks [2020] EWHC 2412 (Pat)/Thaler v Comptroller General of Patents Trade Marks And Designs… [read post]
27 Apr 2021, 4:39 pm
It was only a judgment in Markt & Co Ltd v Knight Steamship [1910] AC 426 that drastically constrained the commonality requirement to a “same interest” test and so use of the vehicle. [read post]
14 Jun 2010, 2:16 am
For example, Southwest Airlines Co. v. [read post]
16 Mar 2011, 3:51 am
The story in the NY LJ today by Mark Hamblett tells how a mob related trial ended with only one person convicted. [read post]
10 Jan 2012, 10:14 am
For instance, in Elvis Presley Enterprises Inc v Sid Shaw, Mr Presley's estate sought to register trade marks for ELVIS, ELVIS PRESLEY and a signature stylised mark in Class 3 for various toiletry and cosmetic products. [read post]
25 Mar 2016, 2:11 pm
AbbVie also argued that since Arrow was decided nine years ago, the appellate courts have been more willing to permit EPO procedures to take their course without English judicial interference (see Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd [2013] UK SC 46; [2014] A.C. 160, as summarised by Floyd LJ in IPcom GmbH & Co KG v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496; [2014] R.P.C. 12.)Carr… [read post]
29 Jun 2019, 4:38 am
(Mummery LJ, [31]). [read post]
9 Dec 2018, 4:12 pm
Mark Pearson has released the sixth edition of his authoritative text “The Journalist’s Guide to Media Law” (co-authored with Mark Polden). [read post]
22 Jun 2010, 10:26 pm
This issue arose in Savage v South Essex Partnership NHS Foundation Trust (2010) EWHC 865 (QB). [read post]
14 Feb 2021, 4:45 pm
As already mentioned, on 11 February 2021 Warby LJ handed down judgment in the case of Duchess of Sussex v Associated Newspapers (heard 19 and 20 January 2021). [read post]
15 Apr 2019, 2:24 am
Butt v Secretary of State for the Home Department, heard 17 October 2018 (Underhill V-P, Sharp LJ and Sir Rupert Jackson). [read post]
1 Aug 2022, 12:11 pm
By majority (Sharp P and Dingemans LJ), the appeal was dismissed. [read post]
31 Jan 2018, 10:05 pm
Article 3(a): a spectrum of specificity The Court of Appeal reviewed the case law of the CJEU and pending references, focussing on Case C-322/10 Medeva BV v Comptroller-General of Patents, Designs and Trade Marks and Case C-493/12 Eli Lilly & Co Ltd v Human Genome Sciences Inc. [read post]
15 Dec 2015, 6:26 am
In Generics v Lundbeck [2006] EWCA Civ 1261 its interpretation was described as difficult (per Jacob LJ paragraph 8). [read post]
4 Nov 2010, 12:53 am
" (Waller LJ at [11]-[12] in R (McLellan) v Bracknell Forest BC [2002] QB 1129). [read post]
4 Nov 2010, 12:53 am
" (Waller LJ at [11]-[12] in R (McLellan) v Bracknell Forest BC [2002] QB 1129). [read post]
24 Jul 2022, 12:05 am
David Hunt, Farrer & Co: Can an employer dismiss an employee for expressing personal beliefs? [read post]
25 Nov 2018, 4:29 pm
In an INFORRM-repost Mark Bradley speculates as to the future of journalism and how outlets must ensure they tailor their approach to news publishing to readers, not shareholders. [read post]
