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19 Mar 2013, 12:14 pm by Graham Smith
  When analysing the decision it is as well to remember that this was a jurisdiction challenge by Google Inc, the US provider of the Blogger platform. [read post]
16 Nov 2020, 1:00 am by Jocelyn Hutton
These are appeals against the orders of the Butcher J and Flaux LJ concerning the construction of certain provisions in insurance policies written by the Appellant Insurers, and obtained by a range of businesses and organisations, which purport to provide coverage in the event of business interruption. [read post]
8 Jun 2021, 11:32 am by Eleonora Rosati
Lyle & Scott v American Eagle Outfitters, Inc [2021] EWHC 90 (January 2021) This case is a breach of contract and passing off claim concerning the two eagle logos depicted below. [read post]
14 Jan 2015, 10:05 am
  These questions, among others, find a response in yesterday's judgment of High Court for England and Wales, Chancery Division, ruling of Mr Justice Arnold in Enterprise Holdings Inc v Europcar Group UK and Another[2015] EWHC 17 (Ch).BackgroundEnterprise and Europcar are two heavyweights of the car rental market. [read post]
21 Nov 2016, 12:00 am
  The Court of Appeal reiterated the approach to construction of numerical features and ranges in patent claims as set out in paragraph 38 of Smith & Nephew plc v ConvaTec Technologies Inc [2015] EWCA Civ 607. [read post]
16 Jun 2014, 7:13 am
He referred in particular to comments by Laddie J in Mercury Communications Ltd v Mercury Interactive (UK) Ltd [1995] FSR 850, at 863-865; by Jacob J in Laboratoire De La Mer Trade Marks [2002] FSR 51, at [19]; and by Aldous LJ in Thomson Holidays v Norwegian Cruise Line [2002] EWCA Civ 1828; [2003] RPC 32, at [29]. [read post]
25 Jun 2015, 6:12 am
In "The wounded patent survived, was only just infringed, but no injunction", here, fellow Kat Darren wrote about the decision of Birss J in Smith & Nephew Plc v ConvaTec Technologies Inc [2013] EWHC 3955 (Pat), a technically detailed case which amused Merpel, who commented that a case that started off being basically about chemistry ended up being basically about mathematics. [read post]
16 Aug 2019, 6:31 am
 The applicability of Merchandising Corporation of America Inc v Harpbond Ltd [1983] FSR 32 was raised, where it was found that the facial makeup of Adam Ant was not protectable as it was not fixed in a tangible medium, and could be washed off. [read post]
21 Jun 2013, 7:45 am
In his view, which was persuasively and trenchantly expressed, the case had effectively been retried by the Court of Appeal, which was a no-no as the House of Lords had clearly said in two earlier IP cases, Biogen Inc v. [read post]
13 May 2015, 11:21 am by Andy
The defence, quoting Kitchen LJ in Hollister Inc v Medik Ostomy Supplies Ltd, argued that this would not be proportionate, and that since an account of profits was an equitable relief, the court had discretion as to whether to apply it or not. [read post]
13 May 2015, 5:44 am by Andy
The defence, quoting Kitchen LJ in Hollister Inc v Medik Ostomy Supplies Ltd, argued that this would not be proportionate, and that since an account of profits was an equitable relief, the court had discretion as to whether to apply it or not. [read post]
10 Jun 2014, 5:11 am
  Interflora Inc v Marks and Spencer plc [2012] [noted by the IPKat here] established that, even if most people are not deceived, passing off can still be proved. [read post]
10 Jan 2012, 10:14 am
Love him or loathe him, Steve Jobs, co-founder of Apple Computer Inc, was a pioneer of the computer technology revolution: the loss of his creativity and his inspiration has been greatly mourned since his passing in October 2011. [read post]
12 Jan 2007, 6:20 pm
, 23 Cardozo Arts & Ent LJ 739, discusses a DIFFERENT Classen case:In Classen Immunotherapies v. [read post]
19 Apr 2021, 1:00 am by Matrix Legal Support Service
Second, whether in the present case HMRC had overstated the significance of Hughes LJ’s judgment in Smallwood v Revenue and Customs Commissioners [2010] EWCA Civ 778, [2010] STC 2045. [read post]