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6 Jan 2022, 12:21 am
Arnold LJ concludes: [read post]
26 Nov 2013, 1:29 am
Many feared that stays would become the norm, or perhaps even mandatory, resulting in the situation that justice would be delayed (and justice delayed, is, as the saying goes, justice denied).Against this background, Floyd LJ's elegant and nuanced decision is most welcome. [read post]
22 Nov 2012, 9:01 am
Lewison LJ (when granting leave) states that “While I consider that Flaux J was right, and that the appeal does not have a real prospect of success, the point is an important one and the conflict of authority should be resolved by the Court of Appeal”. [read post]
8 Jul 2015, 8:09 am
Yet Kitchin LJ took the opposite view - "Once again this is a factor which undermines Smith & Nephew's favoured interpretation of the claim. [read post]
7 Jul 2015, 1:51 pm
This may not only make unlawful what had previously been lawful, but may also introduce abuse of registration formalities (seeCoA E&W (Jacob-LJ) 23 April 2008, Green Lane/PMS, par. 75). [read post]
29 Nov 2016, 2:44 am
Lewison LJ concluded that the "important point is that passing off had been established even though most people were not deceived. [read post]
1 May 2016, 12:08 am
In that case, Lewison LJ agreed with Kitchin LJ’s reliance on an Australian case, Dart Industries Inc v Décor Corp Pty Limited [1994] FSR 567, in which the court had held that “… where a defendant has foregone the opportunity to manufacture and sell alternative products it will ordinarily be appropriate to attribute to the infringing product a proportion of the general overheads which would have sustained the opportunity. [read post]
13 Dec 2021, 5:26 am
As Arnold LJ clarified, these instances of accessio “all concern new tangible property which is produced by existing tangible property. [read post]
31 Dec 2013, 8:20 am
It is noteworthy that the leading judgment is delivered by none other than the Chancellor of the High Court, Sir Terence Etherton (Jackson LJ and Kitchin LJ concurring). [read post]
30 Jan 2019, 8:42 am
Thirdly, despite a lengthy draft produced by Huawei's counsel, Floyd LJ was not persuaded that there is any lack of clarity in the relevant EU law. [read post]
25 Oct 2016, 1:22 am
JudgmentSales LJ was unsympathetic to Roche's position. [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 Société… [read post]
26 Jul 2013, 2:45 am
Mummery LJ then goes on to explain what he means]. [read post]
10 Feb 2015, 6:15 am
On Friday the Court of Appeal (Lady Justice Arden and Lords Justices Floyd and Bean) allowed the appeal, Floyd LJ delivering a single judgment with which the others concurred. [read post]
1 Apr 2015, 7:53 am
This decision is vast, running to 259 paragraphs and over 45,000 words, featuring a fully-fledged dissent from Sales LJ. [read post]
2 Aug 2015, 12:37 pm
The majority (McCombe LJ and Moore-Bick J) found as follows: Ground 1 The officer expressly took into account Ms Poshteh’s concern about the round window, as expressed shortly after her visit to the property in November 2012 and in her interview. [read post]
10 Aug 2021, 3:42 am
Sir Geoffrey Vos, delivered a separate but concurring judgment, which echoed the conclusions reached by Simon LJ. [read post]
22 Jun 2012, 5:01 am
Camden appealed.Kay LJ gives the leading judgment which is followed by some technical clarification by Etherton LJ. [read post]
20 Dec 2011, 3:30 am
Richards LJ explained that PSO 4275 was a published policy to guide the exercise of prison officers’ discretion under rule 30 of the Prison Rules 1999. [read post]
19 Feb 2012, 11:02 pm
Elias LJ considered it “fanciful” to suggest that the decision to raise fees had been taken [read post]
