Search for: "In Interest of LJ"
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8 Jun 2021, 11:32 am
Arnold LJ recounted the progression of the proceedings to conclude that this point had only ever been advanced by Motors as part of its honest use defence, which had failed. [read post]
25 Nov 2021, 4:14 pm
As Simon LJ put it in ZXC in the Court of Appeal, the police’s suspicion of a claimant may turn out to be well-founded or ill-founded. [read post]
24 Nov 2020, 9:59 am
However, at this jurisdictional stage of the assessment of Millgate’s application, the Supreme Court found that contrary to the analysis of Sales LJ in the Court of Appeal, Millgate’s conduct is not relevant. [read post]
4 Apr 2010, 5:14 am
We are particularly interested in forthcoming events which readers are interested in publicising. [read post]
1 Mar 2023, 7:42 am
Andrews LJ stated that company directors may very well face the same conflict when acting in the best interests of the company when they would be obliged to serve the notice on the company’s behalf and, by doing so, would arguably be in breach of their duties to act in the best interests of the company Similarly, the court observed that there may be cases in which an administrator might find themselves in the unenviable position of either committing a criminal… [read post]
20 Apr 2018, 1:56 am
However perhaps the most interesting aspect is the robustness with which the Justices rejected the argument for the Secretary of State for a purposive construction which would have permitted interest to be taken into account. [read post]
19 Mar 2013, 12:14 pm
Although the court ultimately decided that the claim against Google was an abuse of process, the judgment is of most interest for what it said about Google’s position as a publisher at common law and its possible defences as a secondary publisher under the Defamation Act 1996. [read post]
25 Jan 2017, 11:25 pm
Indeed, his view is that “...the SPC Regulation aims to balance the interests of patentees with those of other stakeholders. [read post]
5 May 2025, 4:33 am
The BBC argues its reporting was in the public interest and met journalistic standards. [read post]
11 Nov 2024, 12:54 am
On the same day, there was a hearing for summary judgement and public interest test in the case of Vince v Bailey KB-2024-001788. [read post]
23 Dec 2020, 5:31 am
He held that the power to refuse an injunction on public interest grounds should be used very sparingly, as it is in the public interest to protect a patent monopoly in order to promote investment in R&D. [read post]
17 Apr 2018, 10:55 am
Gingersnap tried to strike out Murphy...Interim decisions are always full of interesting tidbits. [read post]
6 Feb 2019, 4:27 am
This was addressed by assuming that this is what the witness meant.The arguments regarding novelty centred upon the extent to which the judgement of Floyd LJ in Adaptive Spectrum and Signal Alignment Inc v British Telecommunications plc [2014] EWCA Civ 1462 should apply to earlier patent applications. [read post]
24 Feb 2015, 3:06 pm
For these cases Arnold J refers principally to Kitchin LJ’s decision in Interflora, that the burden of proof is on the trade mark owner thereby overturning Arnold J at first instance. [read post]
16 Jun 2014, 7:13 am
It has acted to protect its own legitimate interests in relation to the goods and services so specified, within the scope of the objective of the Directive and the Act. [read post]
16 Aug 2019, 6:31 am
CommentAs well as illustrating the evidentiary difficulties of any copyright case (apparent from reading through the full judgment), the most interesting points arise around Deputy Master Linwood’s comments around fixation in copyright. [read post]
4 Nov 2015, 3:08 pm
As well as giving a helpful exposition on their history, this decision contains an interesting discussion on when a director can be liable for the actions of his company.Tartan Army Limited are the owners of several “Tartan Army” trade marks in different classes, both in the UK and elsewhere, and have used them on such things as clothing and travel services for Scottish fans. [read post]
13 May 2015, 11:21 am
He decided that an account of profits was appropriate in this case, and awarded BSL £31,703.01 plus interest, based on the total profits made by both defendants. [read post]
15 May 2017, 1:06 am
As Kitchin LJ said in Maier v ASOS [2015]EWCA Civ 220, the key question is "whether the use that Asos has made of the sign ASOS has been in accordance with honest practices in industrial or commercial matters. [read post]
13 May 2015, 5:44 am
He decided that an account of profits was appropriate in this case, and awarded BSL £31,703.01 plus interest, based on the total profits made by both defendants. [read post]
