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11 Sep 2020, 1:35 am
Author Ham - Licence CC BY-SA 3.0, Source Wikipedia  Jane Lambert Court of Appeal (Lords Justices David Richards, Newey and Arnold) TBD (Owen Holland) Ltd v Simons and others [2020] EWCA Civ 1182 (8 Sept 2020) This was a judgment on two appeals. [read post]
The approach taken by the Court was to consider and answer three key questions (most recently applied in Specsavers v Asda Stores Ltd (No 2) [2012] EWCA Civ 494): Which party won the case? [read post]
4 Sep 2020, 5:05 pm
As we head into a hot holiday weekend, here are some appellate items to explore:Today's DJ has Justice Moore's piece on Jackie Robinson, United States v. 2LT Jack R Robinson as well as Marc Alexander's book review: Notorious RBG Talks Life, Love, Liberty, and LawThe Recorder's On Appeals column has Katy Graham's The Far-Reaching Effects of a Landmark Decision on the Standard of Appellate Review for Clear and Convincing Evidence.Tuesday's Exceptionally… [read post]
15 Aug 2020, 4:05 am by Nedim Malovic
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… [read post]
10 Aug 2020, 12:18 pm by Kevin LaCroix
  The UK Legal Approach The starting point for construing contracts of all kinds under English law is well settled and was succinctly expressed  by Lord Neuberger in Arnold v Britton [2015] UKSC 36; [2015] AC 1619, at paragraph 15 where he said: “When interpreting a written contract, the court is concerned to identify the intention of the parties by reference to “what a reasonable person having all the background knowledge which would have been available to… [read post]
2 Aug 2020, 11:31 am by Magdaleen Jooste
 Lord Justices Floyd and Arnold disagreed on the inventiveness of expandable hoses. [read post]
29 Jul 2020, 9:42 am
By fir0002flagstaffotos [at] gmail.comCanon 20D + Sigma 150mm f/2.8 - Own work, GFDL 1.2,  Jane Lambert Court of Appeal (Lord Justices David Richards, Newey and Arnold) Organic Grape Spirit Ltd v Nueva IQT, SL [2020] EWCA Civ 999 (28 July 2020) An order to restrain disposal of assets worldwide and within England and Wales is called a "freezing injunction. [read post]
24 Jul 2020, 12:29 am by Rose Hughes
The case of Emson v Hozelock ([2020] EWCA Civ 871) considered whether a relatively technically simple invention was non-obvious in view of an obscure prior art document. [read post]
23 Jul 2020, 12:42 pm by fjhinojosa
Beyer was recently mentioned in Hunter, Jr. v. [read post]
Mishan (T/A Emson) v Hozelock & Ors [2020] EWCA Civ 871 Since Arnold LJ’s elevation to the Court of Appeal in 2019, he and Floyd LJ have heard about 11 cases together, spanning a mixture of areas of law, some patents cases and some not. [read post]
12 Jul 2020, 1:35 pm
Jane Lambert Chancery Division (Lord Justice Arnold) Sky Ltd and others v Skykick UK Ltd and another [2020] EWHC 1735 (Ch) (2 July 2020) On 9 May 2020, I wrote in Trade marks - Sky v Skykick, The Final Chapter: "Thus endeth a lawsuit that required three hearings before Lord Justice Arnold as he now is, one to the Court of Appeal and another to the CJEU. [read post]