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13 May 2015, 4:37 am
As Oliver LJ pointed out at p 464, Lord Diplock in Erven Warnink at p 744 stated that a plaintiff must have “used the descriptive term long enough on the market in connection with his own goods and have traded successfully enough to have built up a goodwill for his business”, and, as Oliver LJ then observed, this “emphasises the point that goodwill (as opposed to mere reputation) does not exist here apart from a business carried on here”. [read post]
10 Mar 2024, 12:39 pm by Giles Peaker
There was no direct authority on the point, perhaps surprisingly, but the appeal was dismissed. [read post]
9 Jul 2014, 6:33 am
The case is Wilko Retail Ltd v Buyology Ltd [2014] EWHC 2221 (IPEC) (07 July 2014). [read post]
16 Mar 2021, 9:33 pm by Afro Leo
Cape Horn is a rugged headland that lies at the southernmost point of Terra de Fuego, an archipelago at the very tip of South America. [read post]
13 Apr 2017, 4:07 pm by INFORRM
There is an old saying that when a woman is forced to choose between two men, she opts for the third, and so it is with the Supreme Court’s decision in Times Newspapers Ltd v Flood, Miller v Associated Newspapers Ltd, and Frost and others v MGN Ltd [2017] UKSC 33. [read post]
17 Apr 2020, 5:26 am by Disability Lawyers Dell & Schaefer
According to Greg Dell, the doctor hired by Prudential merely tried to pick apart the existing neuro psych report provided by the claimant, without performing any new testing or providing proof that the engineer did not indeed have a long-term disability (LTD) with cognitive impairment. [read post]
8 May 2020, 9:25 am by Magdaleen Jooste
Alex Woolgardelivered key points of the judgement. [read post]
14 Dec 2022, 10:00 pm by Chijioke Okorie
The respondent refuted the allegations and filed a notice of preliminary objection raising the point that the court lacked jurisdiction to hear matters touching on intellectual property rights as it pertains to a registered trade mark, because the same ought to be heard by the Industrial Property Tribunal. [read post]
5 Oct 2016, 4:00 am by Administrator
In other words, according to Beaver, s 111 is exhaustive on this point. [read post]
31 Oct 2021, 9:25 am by Eleonora Rosati
Ltd, [2002] EWCA Civ 1702, and Research in Motion UK Ltd v. [read post]
7 Jan 2019, 5:46 am by Peter Groves
Thanks to Jane Lambert and her NIPC Law blog for drawing my attention to Jaguar Land Rover Ltd v Twisted Automotive Ltd [2018] EWHC 3536 (Ch) (20 December 2018) which is a judgment of Rose J in an appeal against the 15 May 2018 (O-289-18) decision of Ms Louise White acting for the Registrar of Trade Marks. [read post]
6 Jun 2021, 11:21 am by Giles Peaker
At one point in the hearing, the judge said:- “…currently Mr. [read post]
27 Jan 2012, 10:18 am
An anonymous correspondent has pointed the IPKat towards a rather unusual story of barristerial misconduct in today's Daily Telegraph. [read post]
24 Apr 2010, 9:22 pm by Barry Eagar
In support, Tailly pointed out that on its website it was made clear that a number of other providers operated out of the same property. [read post]
9 Nov 2009, 3:35 pm
The agreement could not be taken apart in that way. [read post]