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21 May 2017, 2:34 pm by Graham Smith
The effect of Article 15 can be seen in the ECJ decisions of SABAM v Scarlet and SABAM v Netlog prohibiting content filtering injunctions, and in Arnold J’s Cartier judgment itself:“If ISPs could be required to block websites without having actual knowledge of infringing activity, that would be tantamount to a general obligation to monitor. [read post]
21 May 2017, 2:34 pm by Graham Smith
The effect of Article 15 can be seen in the ECJ decisions of SABAM v Scarlet and SABAM v Netlog prohibiting content filtering injunctions, and in Arnold J’s Cartier judgment itself:“If ISPs could be required to block websites without having actual knowledge of infringing activity, that would be tantamount to a general obligation to monitor. [read post]
5 Apr 2017, 7:35 am
NVidia v Hardware Labs [2016] EWHC 3135(December 2016)This was the exam question posed here. [read post]
12 Feb 2017, 3:00 am by Barry Sookman
No breach of restrictive covenant in Nlogic Inc. v Microtherapy Inc., 2017 ONSC 722 https://t.co/3H9kXUraHm -> CASL Workshop: Preparing Yourself for the Private Right of Action Coming in July https://t.co/R9bIrgUq6n -> Google, Waze Reach Deal In GPS App Maker's Copyright Suit https://t.co/hbFcf402v7 -> Cartier: UK Supreme Court will hear appeal re costs of intermediary injunctions but not rest of issues https://t.co/mfye8Tlx47 -> Chinese pirates are facing lifelong… [read post]
6 Feb 2017, 3:00 am by Barry Sookman
No breach of restrictive covenant in Nlogic Inc. v Microtherapy Inc., 2017 ONSC 722 https://t.co/3H9kXUraHm -> CASL Workshop: Preparing Yourself for the Private Right of Action Coming in July https://t.co/R9bIrgUq6n -> Google, Waze Reach Deal In GPS App Maker's Copyright Suit https://t.co/hbFcf402v7 -> Cartier: UK Supreme Court will hear appeal re costs of intermediary injunctions but not rest of issues https://t.co/mfye8Tlx47 -> Chinese pirates are facing lifelong… [read post]
5 Feb 2017, 4:04 pm by INFORRM
It is reported that the Supreme Court has given permission to appeal in the case of Cartier v BskyB (see our post on the first instance decision in 2014). [read post]
4 Feb 2017, 1:21 am
Readers with a fancy for online IP enforcement will remember that last July the Court of Appeal of England and Wales issued its decision in Cartier and Others v BSkyB and Others [here], in which it upheld the 2014 decision of Arnold J in the High Court [here and here] that blocking injunctions are also available in trade mark cases under the general power recognised by s37(1) of the Senior Courts Act 1981 (SCA). [read post]
6 Dec 2016, 1:32 am by Jani Ihalainen
The sale of counterfeit goods is a touchy subject, and definitely an issue that many rightsholders are attempting to tackle head on, particularly in the context of the Internet (a good example is the recent Cartier litigation, more on which here and here). [read post]
20 Sep 2016, 4:29 am
| Good news and bad news for bio-pharmaceutical patenting in the United States | HP? [read post]
17 Sep 2016, 4:56 am
| Good news and bad news for bio-pharmaceutical patenting in the United States | HP? [read post]
5 Sep 2016, 1:10 pm
| Good news and bad news for bio-pharmaceutical patenting in the United States | HP? [read post]
29 Aug 2016, 11:03 am
 | Good news and bad news for bio-pharmaceutical patenting in the United States | HP? [read post]
16 Aug 2016, 8:18 am
What kind of jurisdiction does Article 8(3) of the InfoSoc Directive, as implemented into the laws of Member States, confer upon national courts? [read post]
15 Aug 2016, 7:05 am
Indeed, said the questioner, given the potential of that reference to the CJEU to undermine Kitchin LJ’s “free-flowing” analysis in Cartier it was surprising that Kitchin LJ made no mention of it in his judgment.All these costs ... who covers them? [read post]
8 Aug 2016, 12:50 pm
.* When its comes to "deadwood", leave it in the State of South Dakota and out of Trademark Office policyIs unused "deadwood"really cluttering up trade mark registers? [read post]
12 Jul 2016, 6:28 am by Barry Sookman
The Court in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2016] EWCA Civ 658 (06 July 2016) confirmed the correctness of the prior comprehensive decision of Arnold J. in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch) (17 October 2014). [read post]
11 Jul 2016, 12:32 pm
 | Justice Slade delivers judgement in Arthur J Gallagher Services v Skriptchenko  [read post]
6 Jul 2016, 4:04 am
A nice surprise for Cartier and friendsCan injunctions (particularly: blocking injunctions) be issued against intermediaries in trade mark cases, even lacking in the UK a specific implementation of the third sentence in Article 11 of the Enforcement Directive? [read post]
26 Jun 2016, 4:05 pm by INFORRM
The trial in TLT and others v Secretary of State for the Home Department began on Monday 20 June 2016 and was completed on 23 June, with judgment being given on 24 June 2016. [read post]