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30 Sep 2014, 5:06 pm
Hegglin v Google Inc 5 day trial beginning on 24 November 2014. [read post]
24 Jul 2014, 12:30 pm
It also follows the suggestion of Lewison LJ that the hard line taken in relation to surveys in “standard” trade mark infringement cases may not apply in the other situations he identified. [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]
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]
24 Mar 2014, 9:23 am
Mummery LJ held "Original expression includes not only the language in which the work is composed but also the original selection, arrangement and compilation of the raw research material. [read post]
13 Mar 2014, 1:43 pm
The court was told that Mr Lilley had sought permission to appeal this order but was refused by a decision of Floyd LJ. [read post]
4 Mar 2014, 2:25 am
On this point, Kitchin LJ relied upon Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1339. [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]
15 Dec 2013, 4:05 pm
Romania: A number of NGOs have asked the President of Romania not to promulgate a law through which, surreptitiously, the offenses of libel and insult have been reintroduced into the Criminal Code Next week in the courts On Monday 16 December 2013, Tugendhat J will hear an application by Google Inc to set aside permission to serve out of the jurisdiction in the case of Vidal-Hall & ors v Google Inc On the same day Christopher Clarke LJ will hear a renewed application… [read post]
26 Nov 2013, 1:29 am
On that hypothesis, it would have been difficult to defend the guidance given by the Court of Appeal in Glaxo Group Ltd v Genentech Inc [2008] Bus LR 888 to the effect that the English court should normally refuse a stay of its own proceedings if it would be likely to resolve the question of validity significantly earlier. [read post]
6 Aug 2013, 8:11 am
The principal judgment given by Mummery LJ. [read post]
6 Aug 2013, 8:11 am
The principal judgment given by Mummery LJ. [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]
27 May 2013, 4:18 am
The first is Unilever Plc v Gillette (UK) Ltd [1989] RPC 583, 609, where Mustill LJ said that, in order to show that a defendant was secondarily liable for infringement of a patent, “there [was no] need for a common design to infringe”, as it was “enough if the parties combine to secure the doing of acts which in the event prove to be infringements”. [read post]
15 May 2013, 10:47 am
In holding this to unpatentable, Nicholls LJ stated at 327 that “his program makes a more efficient use of a computer's resources. [read post]
19 Mar 2013, 12:14 pm
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]
22 Feb 2013, 3:59 am
Kitchin LJ giving the leading judgment, with which Moses LJ and Longmore LJ agreed in the traditional formula, analysed each criticism of the judge's findings, and in each case upheld the first instance judgment. [read post]
31 Dec 2012, 7:34 am
In the recent interim decision in Interflora, Inc. [read post]
20 Nov 2012, 10:04 am
That was the opening sentence of Mr Justice Arnold's judgment in Interflora, Inc. [read post]
16 Aug 2012, 2:20 am
In what should come as a welcome decision for brand owners, the Supreme Court has handed down its judgment in Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd unanimously overturning the decision of the Court of Appeal, and restoring the first instance order of Kitchin J. [read post]
