Category: Intellectual Property

Devinlec Developpement Innovation Leclerc SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs): ECJ 12 Jan 2006

ECJ Community trade mark – Figurative mark containing the verbal element ‘quantum’ – Opposition of the proprietor of the national figurative mark Quantieme – Relative ground of refusal – Likelihood of confusion – Article 8(1)(b), Article 15(2) and Article 43(3) of Regulation (EC) No 40/94.

Citations:

C-173/04, [2006] EUECJ C-173/04

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

Cited – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
See Also – Devinlec v OHMI-Time Art (Quantum) ECFI 12-Jan-2006
ECJ Community trade mark – Figurative mark containing the verbal element -‘quantum’ – Opposition of the proprietor of the national figurative mark Quantieme – Relative ground of refusal – Likelihood of confusion . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 July 2022; Ref: scu.237642

Devinlec v OHMI-Time Art (Quantum): ECFI 12 Jan 2006

ECJ Community trade mark – Figurative mark containing the verbal element -‘quantum’ – Opposition of the proprietor of the national figurative mark Quantieme – Relative ground of refusal – Likelihood of confusion – Article 8(1)(b), Article 15(2) and Article 43(3) of Regulation (EC) No 40/94.

Citations:

T-147/03, [2006] EUECJ T-147/03

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Devinlec Developpement Innovation Leclerc SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) ECJ 12-Jan-2006
ECJ Community trade mark – Figurative mark containing the verbal element ‘quantum’ – Opposition of the proprietor of the national figurative mark Quantieme – Relative ground of refusal – Likelihood of confusion – . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 July 2022; Ref: scu.237643

Ruiz-Picasso and Others v OHIM and DaimlerChrysler AG: ECJ 12 Jan 2006

ECJ Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 -? Likelihood of confusion – Word mark PICARO – Opposition by the proprietor of the Community word mark PICASSO.
Adopting Sabel’s requirement that there should be a global appreciation of the visual, aural or conceptual similarities of the marks in question, the court emphasised that, in the course of such a global appreciation, conceptual differences observed between the signs might counteract the visual and phonetic similarities between them.

Citations:

C-361/04, [2006] EUECJ C-361/04

Links:

Bailii, Bailii

Jurisdiction:

European

Cited by:

Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 July 2022; Ref: scu.237649

Bic v OHMI(Forme D’Un Briquet Electronique): ECFI 15 Dec 2005

ECJ Community trade mark – Three-dimensional trade mark in the form of-a lighter – Absolute ground for refusal – Distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 40 / 94 – distinctive character acquired by-use – Article 7, paragraph 3 of Regulation (EC) No 40/94 ‘

Citations:

T-263/04, [2005] EUECJ T-263/04

Links:

Bailii

European, Intellectual Property

Updated: 04 July 2022; Ref: scu.236387

Brown v MCASSO Music Productions: CA 10 Nov 2005

Citations:

[2005] EWCA Civ 1546, [2006] 3 Costs LR 404

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 04 July 2022; Ref: scu.235928

Castellblanch v OHMIi-Champagne Roederer (Cristal Castellblanch): ECFI 8 Dec 2005

ECJ Community trade mark – Opposition proceedings – Application for a figurative Community trade mark containing the word element ‘CRISTAL CASTELLBLANCH’ – Earlier national word mark CRISTAL – Genuine use of the earlier mark – Likelihood of confusion – Article 8(1)(b), Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94.

Citations:

T-29/04, [2005] EUECJ T-29/04

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 04 July 2022; Ref: scu.235934

Mackie Designs Inc v Behringer Specialised Studio Equipment (Uk) Limited, Ulrich Bernhard Behringer and Behringer Spezielle Studiotechnik Gmbh: ChD 22 Feb 1999

Unregistered design right extends beyond the visually appreciable to other aspects of the design of an article, in this case to semiconductor chips and electronic circuits.

Citations:

[1999] EWHC Ch 252, [1999] RPC 717

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A Fulton Company Limited v Totes Isotoner (UK) Limited CA 4-Nov-2003
The defendants appealed a finding that they had infringed the claimant’s unregistered design rights in collapsible umbrellas. The defendants said the law protected only the design as a whole, and that only part had been copied.
Held: Authority . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 July 2022; Ref: scu.162967

Soffass v OHMI-Sodipan (Nicky): ECFI 23 Nov 2005

ECFI Community trade mark – Opposition proceedings – Application for Community figurative mark containing the verbal element -‘NICKY’ – Earlier national figurative marks containing the verbal element – ‘NOKY’ – Rejection of opposition for absence of likelihood of confusion – Annulled by the Board of Appeal – Remittal to the Opposition Division to examine whether the goods are similar and the proof of use – Article 8(1)(b) of Regulation (EC) No 40/94.
‘if the signs are completely different it is possible in principle, without examining the goods in question, to take the view that there is no likelihood of confusion’ and ‘if there is even a slight similarity between the two signs the likelihood of confusion must be assessed globally, taking account of all the relevant factors’.

Citations:

T-396/04, [2005] EUECJ T-396/04, [2006] ETMR 542

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 8(1)(b)

Cited by:

Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 04 July 2022; Ref: scu.235249

Shopalotto.Com Ltd, Re Patent Application Gb 0017772.5: PatC 7 Nov 2005

Judges:

Pumfrey J

Citations:

[2005] EWHC 2416 (Pat), [2006] RPC 293

Links:

Bailii

Statutes:

Patents Act 1977 1(2)

Citing:

Appeal from – Shopalotto.Com Limited PO 14-Mar-2005
PO Patent Office – Ex Parte Decisions. . .

Cited by:

Cited – Cappellini and Bloomberg, Re PatC 13-Mar-2007
The applicants appealed rejection of their applications for patents. The comptroller-general had said that patents were in respect of computer programs excluded from registration.
Held: The appeals failed. There was no relevant technical . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 July 2022; Ref: scu.235228

Biofarma v OHMI – Bausch and Lomb Pharmaceuticals (Alrex): ECFI 17 Nov 2005

ECJ Community trade mark – Opposition proceedings – Earlier national word mark ARTEX – Application for Community word mark ALREX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94.

Citations:

T-154/03, [2005] EUECJ T-154/03

Links:

Bailii

Statutes:

Regulation (EC) No 40/94

European, Intellectual Property

Updated: 04 July 2022; Ref: scu.235246

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for the group. The defendants argued that the matter should be tried in the US.
Held: The contract provided for the UK as jurisdiction. The bulk of the witnesses and of the evidence and of the sales were in the US. Evidence would also be required from an intermediate licensee in the US. The natural forum was the US. The contract however clearly stipulated for England. The defendant had not made a timely application to challenge jurisdiction as required under the amended rules. Nevertheless, the court had jurisdiction to extend time and would grant it. It was accepted that the claimant had established sufficient prospect of success. The real issue was as to English law as chosen by the parties. The parties has already submitted to an English arbitration. In all the circumstances, the forum for the entire matter should be in England.

Judges:

Lawrence Collins J

Citations:

[2005] EWHC 2351 (Ch), [2006] ILPr 8

Links:

Bailii

Statutes:

Civil Procedure Rules 11(1)

Jurisdiction:

England and Wales

Citing:

Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Columbia Tristar Home Video (International) Inc v Polygram Film International BV (Formerly Manifesto Film Sales BV) CA 8-Feb-2000
The court considered a contract requiring access to be given to accounts records for auditing licence fees. . .
Cited – SSQ Europe SA v Johann and Backes OHG 2002
Extension of time to challenge court’s jurisdiction. . .
Cited – BFC Aircraft Sales and Leasing Ltd v Ages Group Plc 14-Dec-2001
The court will assume that by expressly choosing English law in a contract, the parties were indicating at least a preference to litigate in England: ‘The choice of the applicable law is, clearly, not so strong a feature as a choice of jurisdiction . .
Cited – USF Ltd v Aqua Technology Hanson NV/SA 30-Jan-2001
Extension of time to challenge jurisdiction of the court. . .
Cited – Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran HL 15-Oct-1993
A plaintiff must show that there is a ‘serious issue for trial’ to support and justify an application for overseas service. The standard of proof in respect of the cause of action relied on is whether, on the evidence, there was a serious question . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Carvill America Incorporated and Another v Camperdown UK Ltd. and others CA 27-May-2005
The claimant must bring evidence to establish that he has a cause of action which can be tried is that his claim has ‘a reasonable prospect of success,’ and this threshold is the same as if the claimant were resisting an application by the defendant . .
Cited – Burns-Anderson Independent Network Plc v Francis Henry Wheeler 2005
(Bristol Mercantile Court) The power to extend time to challenge the court’s jurisdiction in a matter was assumed to exist. . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Cited – Coast Lines Ltd v Hudig and Veder Chartering NV 1971
Parties who contract to give the UK courts jurisdiction must be taken at least to have wanted a case to be heard by the UK courts. The fact that the foreign forum, notwithstanding the express choice of English law, may not apply English law, and may . .
Cited – Nima SARL v The Deves Insurance Public Company Ltd; The Prestrioka CA 30-Jul-2002
A marine insurance contract was entered into for goods to be transported between two ports. A side note provided that cover was to start from the time the goods left the warehouse. The Act provided that the insurance was void from the time such a . .
Cited – BP Exploration Co (Libya) Ltd v Hunt 1976
The fact that the contract was governed by English law was the predominating factor to be borne in mind when deciding jurisdiction.
The court should be careful before describing as non-disclosure as material not included in an affidavit in . .
Cited – BP Exploration Operating Co Ltd v Chevron Transport (Scotland) HL 18-Oct-2001
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .
Cited – Amin Rasheed Shipping Corp v Kuwait Insurance Co HL 1983
A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by . .
Cited – Ilyssia Compania Naviera SA v Bamaodah ‘The Elli 2’ CA 1985
May LJ considered the creation of a contract by implication, saying: ‘no such contract should be implied on the facts of any given case unless it is necessary to do so: necessary, that is to say, in order to give business reality to a transaction . .
Cited – MacSteel Commercial Holdings (Pty) Ltd v Thermasteel V (Canada) Inc CA 1996
The South African and Canadian parties had contracted subject to the law of England. The Canadian company said that England remained inappropriate as the choice of forum.
Held: Jurisdiction was declined.
The distinction between the . .
Cited – du Pont du Nemours v Agnew CA 1987
An application was made to injunct the commencement of proceedings in England.
Held: The request failed. The court was asked whether the English claimants had shown a good argument for invoking the jurisdiction of the English court against . .
Cited – Mitsubishi Corp v Alafouzos 1988
Elements of English public policy may determine that an English Court is the appropriate forum to hear a case. Steyn J said: ‘one must keep constantly in mind that one is dealing with a head of public policy, which requires the Court to proceed with . .
Cited – Seashell Shipping Corporation v Mutualidad de Seguros del Instituto Nacional de Industria (‘The Magnum’ ex ‘Tarraco Augusta’) CA 1989
Where the decision as to forum depends upon the construction of the document or documents in one language and the rival courts are, on the one hand, courts whose native language is that of the document and on the other hand, courts whose native . .

Cited by:

Cited – Sawyer v Atari Interactive Inc CA 2-Mar-2007
The claimant designed games software and complained of infringements by the defendant of licensing agreements by failing to allow audits as required.
Held: The defendant should be allowed to be heard on the standard practices for management of . .
Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Cited – Amin Rasheed Shipping Corp v Kuwait Insurance Co HL 1983
A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Licensing, Jurisdiction

Updated: 04 July 2022; Ref: scu.234716

Finecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another: ChD 10 Nov 2005

The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the patent in a timely fashion meant that they had been unable to recover losses despite the licence.

Judges:

Peter Smith J

Citations:

[2005] EWHC 2481 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Cook v Swinfen 1966
. .
Cited – Vision Golf v Weightmans (a Firm) ChD 26-Jul-2005
The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm . .
Cited – Governors of the Hospital of Sick Children v McLaughlin and Harvey plc 1987
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Licensing

Updated: 04 July 2022; Ref: scu.234713

Fixtures Marketing v Organismos prognostikon agonon podosfairou AE (OPAP): ECJ 9 Nov 2004

ECJ The term database as defined in Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases refers to any collection of works, data or other materials, separable from one another without the value of their contents being affected, including a method or system of some sort for the retrieval of each of its constituent materials.
A fixture list for a football league such as that at issue in the case in the main proceedings constitutes a database within the meaning of Article 1(2) of Directive 96/9.
The expression ‘investment in . . the obtaining . . of the contents’ of a database in Article 7(1) of Directive 96/9 must be understood to refer to the resources used to seek out existing independent materials and collect them in the database. It does not cover the resources used for the creation of materials which make up the contents of a database. In the context of drawing up a fixture list for the purpose of organising football league fixtures, therefore, it does not cover the resources used to establish the dates, times and the team pairings for the various matches in the league.

Citations:

[2005] 1 CMLR 16, [2004] EUECJ C-444/02, C-444/02, [2004] ECR I-10549

Links:

Bailii

Cited by:

Cited – Apis-Hristovich v Lakorda AD (Approximation Of Laws) ECJ 5-Mar-2009
apishristovichECJ2009
Europa Directive 96/9/EC Legal protection of databases – Sui generis right – Obtaining, verification or presentation of the contents of a database – Extraction – Substantial part of the contents of a database – . .
Cited – Football Dataco Ltd and Others v Yahoo! UK Ltd and Others CA 9-Dec-2010
The claimants asserted ownership of copyright in football fixture lists as a database right. The defendant denied that they attracted any such right. The judge had found that significant skill and labour went into the preparation of the list.
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Lists of cited by and citing cases may be incomplete.

European, Intellectual property

Updated: 04 July 2022; Ref: scu.233160

Class International v Colgate Palmolive: ECJ 18 Oct 2005

ECJ Trade marks – Directive 89/104/EEC – Regulation (EC) No 40/94 – Rights conferred by the trade mark – Use of the mark in the course of trade – Importation of original goods into the Community – Goods placed under the external transit procedure or the customs warehousing procedure – Opposition of the trade mark proprietor – Offering for sale or selling goods placed under the external transit procedure or the customs warehousing procedure – Opposition of the trade mark proprietor – Onus of proof.
Class International shipped into Rotterdam a container load of toothpaste bearing the Aquafresh trade mark from a source in South Africa. The court was asked whether Article 5(1) of the Trade Marks Directive and Article 9(1) and (2)(c) of the Community Trade Mark Regulation must be interpreted as meaning that the trade mark proprietor is entitled to oppose the introduction into the Community, under the external transit procedure or the customs warehousing procedure, of original goods bearing that mark which had not previously put on the market in the Community by that proprietor or with his consent.
Held: Non-Community goods placed under the external transit procedure or the customs warehouse procedure were not to be regarded as ‘imported’ for the purposes of the Trade Marks Directive or the Community Trade Mark Regulation. Use in the course of trade required introduction of the goods into the Community for the purposes of putting them on the market

Citations:

[2006] Ch 154, C-405/03, [2005] EUECJ C-405/03

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Eli Lilly and Company and Another v 8PM Chemist Ltd CA 5-Feb-2008
The defendant appealed against an order refusing summary relied against a claim for trade mark infringement. The claimant’s drugs were sold internationally, but outside the EU, being sourced in Turkey, and distributed eventually through the . .
Cited – Nokia Corporation v Revenue and Customs ChD 27-Jul-2009
Nokia sought judicial review of a decision of the Commissioners to release a consignment of goods which it said were infringing counterfeits of its own models. The Commissioners said that in the absence of evidence that they were intended for . .
Cited – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 04 July 2022; Ref: scu.231244

Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The Attorney general now criticised the judge for failing to allow for the extent of Parliamentary scrutiny afforded to secondary legislation.
Held: ‘It is the people of the United Kingdom, the electorate, who are entitled to the assurance that laws are normally made by primary legislation and will only exceptionally be amended by secondary legislation. ‘ However, s2(2) of the 1972 Act was sui generis: ‘Unlike other provisions allowing for the amendment of primary legislation by secondary legislation, it flows directly from the Treaty obligations of the United Kingdom. ‘ The obligations identified and incorporated were obligations even though secondary, and were validly incoporated.
Waller LJ said that the primary objective of any secondary legislation under section 2(2) must be to bring into force laws which, under the Treaties, the United Kingdom has agreed to make part of its laws.

Judges:

Waller, May, Jacob LJJ

Citations:

Times 07-Nov-2005, [2005] EWCA Civ 1191, [2006] Ch 337

Links:

Bailii

Statutes:

EC Directive 98/71/EC, Registered Designs Regulations 2001, European Communities Act 1972 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Cited – McKiernon v Secretary of State for Social Security CA 26-Oct-1989
A statute granting a power to be amended by a subordinate instrument can only do so by an express power: ‘Whether subject to the negative or affirmative resolution procedure, [subordinate legislation] is subject to much briefer, if any, examination . .
Cited – Regina v Secretary of State for Trade and Industry ex parte Unison 1996
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community . .
Cited – Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd ECJ 23-May-1996
The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages.
LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds . .
Cited – Addison v Denholm Ship Management (UK) Ltd EAT 1997
An issue before the EAT was whether regulations made under section 2(2) of the 1972 Act applied to the crew of a floating hotel/ship in the North Sea.
Held: According to European law the UK could choose whether or not to apply employment . .
Cited – Ebony Maritime SA and Loten Navigation Co Ltd v Prefetto della Provincia di Brindisi and others ECJ 27-Feb-1997
Europa 1 Common commercial policy – Trade with non-member countries – Embargo measures against the Federal Republic of Yugoslavia (Serbia and Montenegro) – Regulation No 990/93 – Measures to detain and confiscate . .
See Also – Oakley Inc v Animal Ltd. and others PatC 16-Mar-2005
. .
Cited – Perth and Kinross Council v Donaldson and Others 2004
The court considered whether the TUPE regulations in going beyond what was required under the European Directive was invalid.
Held: ‘If it is to be suggested that the 1981 Regulations have effectively allowed the Directive to operate in that . .
Cited – des Gaz SA v Falks Veritas Ltd CA 1974
The court considered for the first time, the effect of the Rome Treaty. It ‘came about because of a tin can’ .
A question requiring the exercise of a judges discretion is to be determined as at the date that the primary judge gave judgment, . .

Cited by:

Cited – Slack and Others v Cumbria County Council and Another CA 3-Apr-2009
The court was asked when the six month’s limit for beginning equal pay proceedings began. The new section 2ZA set the qualifying date as ‘the date falling six months after the last day on which the woman was employed in the employment.’ The problem . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European, Constitutional

Updated: 04 July 2022; Ref: scu.231233

Bioid v OHIM: ECJ 15 Sep 2005

ECJ Appeal – Community trade mark – Article 7(1)(b) of Regulation (EC) No 40/94 – Word and figurative mark – BioID – Absolute ground for refusal to register – Trade mark devoid of any distinctive character.

Citations:

C-37/03, [2005] EUECJ C-37/03

Links:

Bailii

Statutes:

Regulation (EC) No 40/94 7(1)(b)

European, Intellectual Property

Updated: 04 July 2022; Ref: scu.230034

Experience Hendrix Llc v Purple Haze Records Ltd and Another: CA 3 Aug 2005

Claim in performance rights – challenge to order for security for costs on appeal – evidence available at date of first hearing.

Citations:

[2005] EWCA Civ 1091

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At First Instance – Experience Hendrix Llc v Purple Haze Records Ltd and Another ChD 24-Feb-2005
The claimant company sought summary judgment against the defendants who had manufactured and sold unauthorised recordings of a concert by the late Mr Hendrix in Sweden in 1969.
Held: The performance was given retrospective protection under the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Costs

Updated: 04 July 2022; Ref: scu.230030