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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 Jan 2017, 2:01 am
From a practical perspective, IPKat Eleonora Rosati answers the question by referring to the judgment of the Court of Appeal of England and Wales in Cartier, which confirmed that owners of IP rights other than copyright can seek injunctions against intermediaries to block access to website where counterfeits are available.* Swedish Supreme Court has ruled that sport broadcasts are not protected by copyrightReaders may remember that IPKat reported the C More case (see here and here) in 2015.… [read post]
29 Dec 2016, 9:07 am
The CartierdecisionsPossibly unsurprisingly (considering the previous stance of Arnold J in L’Oréal), the High Court of England and Wales (again, Arnold J) answered this question in the affirmative in its 2014 decision in Cartier. [read post]
20 Dec 2016, 3:52 am by Ron Coleman
Everyone recognizes “Tiffany” as the name of a luxury jewelry store on Fifth Avenue in New York (with stores in other major cities), and seeing the name on a hotdog stand a passerby might think of the jewelry store and of the incongruity of a hot-dog stand’s having the same name; he might think the jewelry store’s cachet impaired by the coincidence and switch his patronage to Cartier or Harry Winston. [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]
22 Sep 2016, 4:28 am
(William Frank), 1925-2008.Cartier-Bresson, Henri, 1908-2004.Clarke, Arthur Charles, 1917-2008.Cronkite, Walter, 1916-2009.Cuomo, Mario Matthew, 1932-2015.Doctorow, E. [read post]
20 Sep 2016, 4:29 am
These reports include some of the international challenges faced by IP, Katfriend David Lim's account of being a Congress first-timer, and a delicious recipe.PREVIOUSLY ON NEVER TOO LATENever too late 113 [week ending on Sunday 11 September] Clinical trial data | Parody and free use in Germany | Infringing donuts | CJEU decision in GS Media | Fujifilm Kyowa v AbbVie | UK and the UPC | General Data Protection… [read post]
17 Sep 2016, 4:56 am
PREVIOUSLY ON NEVER TOO LATENever too late 112 [week ending on Sunday 4 September] 3 Cubist antibiotic patents revoked| Milan Court rejects application for 'blank' blocking order | Leaked copyright draft directive| Thursday Titibits | Super Kat exclusive| Mexico's new opposition system | EU General Data Protection Regulation | Hospira v Cubist | My My Mylan | Kasting Kall for InternkatsNever too late 111 [week… [read post]
15 Sep 2016, 3:12 am
 As readers know, this point is not of secondary importance: for instance, in the UK, it has prompted the dissent of Briggs LJ in the recent Court of Appeal judgment in Cartier [here].Tobias Mc FaddenBackgroundThis reference for a preliminary ruling was made in the context of proceedings between Sony and a person (Tobias Mc Fadden) who operates a business selling and renting lighting and sound systems for various events.Mc Fadden owns a Wi-Fi connection… [read post]
5 Sep 2016, 1:10 pm
PREVIOUSLY ON NEVER TOO LATENever too late 111 [week ending on Sunday 28 August] Branding and rebranding of infidelity and Ashley Madison | Passive hosting providers and third party content | Safe harbours and the E-commerce directive | BREAKING: Leaked Commission Impact Assessment | GS Media rapid response event | Singapore Copyright reformNever too late 110 [week ending on Sunday 21 August] | Life after Cartier - the future of blocking… [read post]
29 Aug 2016, 11:03 am
Those interested in answering the consultation can do so here.PREVIOUSLY ON NEVER TOO LATENever too late 110 [week ending on Sunday 24 August] | Life after Cartier - the future of blocking injunctions | Irish Court of Appeal ruling on Article 8(3) InfoSoc Directive | Wednesday Whimsies| Court fees - do you know what to pay? [read post]
23 Aug 2016, 9:41 am
.* Life after Cartier: The future of blocking injunctions – Simmons & Simmons Rapid Response EventKatfriend Jonathan Sharples looks back at our rapid response event discussing the Cartier decision and the availability of blocking injunctions to prevent trade mark infringement. * Article 8(3) of the InfoSoc Directive mandates a substantive change, says Irish Court of AppealThe InfoSoc Directive was found to introduce changes allowing graduated response systems as a… [read post]
16 Aug 2016, 8:18 am
”(2) The innocent ISPFollowing this decision, relevant rightholders commenced proceedings against the Irish State for failure to give effect to the requirements of Article 8(3) of the InfoSoc Directive [this is known as Francovich or state liability principle: in relation to the UK, I suggested this as possibility in case the Court of Appeal had reversed the decision of Arnold J in Cartier and denied the availability of blocking injunctions… [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
 | Friday Foghorn, including UK IPO invitation for IP valuation research bidsNever too late 104 [week ending on Sunday 10 July] e-Sport in the French Digital Republic Bill | Aspartame is back -- and is Pepsi playing by a new branding playbook| The USPTO moves to clear "Trademark Deadwood" | Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases |  An opportunity for IP scholars seeking… [read post]
1 Aug 2016, 9:26 am
 | Friday Foghorn, including UK IPO invitation for IP valuation research bidsNever too late 104 [week ending on Sunday 10 July] e-Sport in the French Digital Republic Bill | Aspartame is back -- and is Pepsi playing by a new branding playbook| The USPTO moves to clear "Trademark Deadwood" | Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases |  An opportunity for IP scholars seeking… [read post]
29 Jul 2016, 5:13 am
Yesterday the stunning London offices of Simmons & Simmons hosted a panel discussion on the implications of the recent Court of Appeal judgment in Cartier [here]. [read post]
28 Jul 2016, 2:40 am
As reported by this blog, in its judgment on 6 July 2016 the Court of Appeal of England and Wales upheld the validity of blocking injunctions against intermediaries (ISPs) in respect of online trade mark infringements and burdened ISPs with the costs of implementing them.The IPKat is partnering with Simmons & Simmons for a free rapid response event to be held this afternoon at the London offices of Simmons & Simmons. [read post]
25 Jul 2016, 1:40 pm
 | Friday Foghorn, including UK IPO invitation for IP valuation research bidsNever too late 104 [week ending on Sunday 10 July] e-Sport in the French Digital Republic Bill | Aspartame is back -- and is Pepsi playing by a new branding playbook| The USPTO moves to clear "Trademark Deadwood" | Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases |  An opportunity for IP scholars seeking… [read post]