Search for: "Kimbell v. Kimbell" Results 1 - 20 of 28
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17 Mar 2024, 9:26 am by Eleonora Rosati
That would be certainly a possibility as not only the Berne Convention (Article 2(3)) mandates the protection of inter alia “other alterations of … artistic work”, but derivative works have been also held protectable under UK law (think of the famous Hyperion Records v Sawkins [IPKat here] as an example). [read post]
2 Sep 2022, 6:44 am
Author Paste  Licence CC BY-SA 3.0  Soutce Wikimedia Jane Lambertintellectual Property Enterprise Court  (John Kimbell QC) Photobooth Props Ltd and another v NEPBH Ltd and others  [2022] EWHC 750 (IPEC) (1 April 2022)These were interlocutory applications by both claimants and defendants in an action for copyright infringement and rescission of a contract. [read post]
28 Jul 2022, 1:50 am
© 2021 Jane Lambert: All rights reservedJane LambertIntellectual Property Enterprise Court (Mr John Kimbell QC) Vimage Products Ltd. v Data Candy Ltd and others [2022] EWHC 606 (IOEC) (18 March 2022_Sometimes, through no fault of its own, a claimant joins someone who was not responsible for the alleged wrongdoing as a defendant. [read post]
23 Jun 2022, 1:59 am by Eleonora Rosati
No time to rebrand as 21 week delay to injunction refusedCombe International LLC v Dr August Wolff GmbH [2022] EWHC 125 (Ch) (January 2022)We covered the hoo-ha between VAGISIL and VAGISAN in the last volume. [read post]
9 Jun 2022, 1:41 am by Eleonora Rosati
In a judgment handed down yesterday - Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) - the Intellectual Property Enterprise Court (IPEC) answered 'yes' and applied guidance derived from EU law, including the decision of the Court of Justice of the European Union (CJEU) in Cofemel (Katposts here).Let's see what happened.BackgroundOnly Fools and Horses (OFAH) is a successful BBC TV series that ran between 1981 and 1991, with also some Christmas… [read post]
6 Jan 2022, 12:21 am by Eleonora Rosati
The application was made in bad faith and was an “instrument of fraud”, relying on BT v One in a Million [1999] 1 WLR 903, which established that domain names registered by squatters were instruments of fraud and their registration could amount to passing off even without any active use of them.District Judge Hart (on the IPEC Small Claims track) gave a first instance judgment on 25 March 2020 agreeing with the claimant, but granted permission to appeal.An appeal was heard by… [read post]
24 Feb 2021, 10:24 am by Charles Weller and Nick Wright
Counsel for WFS was Paul Henton (instructed by Reed Smith) and counsel for Carnival/P&O were John Kimbell QC and Celine Honey (instructed by Watson Farley & Williams). [read post]
11 Feb 2014, 9:01 pm by Michael C. Dorf
Kimbell Foods, federal law frequently incorporates state property law and state contract law. [read post]
31 Dec 2013, 8:40 pm by Gilles Cuniberti
Third, the Supreme Court should replace the rule from Klaxon v. [read post]