Archive for August, 2005

Two elements of a trade mark that are in themselves descriptive may still be distinctive enough for registration when combined – Celltech R & D Ltd v OHIM, European Court of First Instance

1 August 2005 | Paul Gershlick

Celltech applied to register the trade mark "CELLTECH" as a European Community Trade Mark in the pharmaceutical field. The Office for Harmonisation in the Internal Market refused the application on the...

AMD sues Intel for anti-competitive behaviour in the USA, whilst European Commission launches dawn raids against Intel for abusing dominant position in EU

1 August 2005 | Paul Gershlick

AMD has issued legal proceedings against Intel in the USA for unlawfully maintaining its monopoly in the x86 microprocessor chip making market. It claims that 38 large customers or resellers have been...

OFT says SMEs are victims of price fixing but do not do enough with their rights under competition law to combat it

1 August 2005 | Paul Gershlick

The Office of Fair Trading, the body in overall charge of enforcing competition law in the UK, has published research that shows 22% of small and medium-sized enterprises in the UK (SMEs) have been victims...

EU Software patents directive dead

1 August 2005 | Paul Gershlick

The European Union Parliament has finally killed off the proposed Software Patent Directive, which had aimed to harmonise the approach of Patent Registries across the EU in accepting and rejecting patent...

First UK conviction for illegal modification of Xbox consoles to make pirated copies

1 August 2005 | Paul Gershlick

A Cambridge University graduate has been convicted of "chipping" Microsoft Xbox consoles. Technology protection measures used in games consoles stop unlawful copying of games and also re-use of games...

Australian ISP liable for hosting website that linked to unauthorised peer-to-peer music copies

1 August 2005 | Paul Gershlick

The Australian music industry has successfully sued ComCen Internet Services, an Australian Internet service provider, and Stephen Cooper, the owner of the website it hosted (www.mp3s4free.net), for links...

Extended warranties case shows difficult distinction between whether copyright exists in document or ideas underlying it -London General Holdings Ltd v USP Plc, Court of Appeal

1 August 2005 | Paul Gershlick

L was administering a new scheme for providing extended warranties to retailers. L had obtained a draft of a document, originating from U, which provided a template for future schemes. The copyright...

Software developer not required to give up ownership of copyright in database program to customer in unclear contract case – ClearSprings (Management) Ltd v BusinessLinx Ltd, High Court

1 August 2005 | Paul Gershlick

BusinessLinx wrote a database program for ClearSprings over four years for £1m to help ClearSprings provide housing allocation services to the Home Office. The contract was not clear and was not in...

Sony obtains injunction to stop parallel imports of PlayStation Portable which have been released in other parts of the world but not in the EU – Sony v Nuplayer, High Court

1 August 2005 | Paul Gershlick

As reported in July's edition of Upload-IT, Sony, the electronics giant, has been using heavy-handed tactics against British suppliers and customers who are desperate to sell and buy Sony's new PlayStation...

Nestle tastes sweetness of success in defeating Mars’ objection to KitKat slogan registration case – Nestle SA v Mars UK Ltd, European Court of Justice

1 August 2005 | Paul Gershlick

Nestle applied to register the phrase "Have a Break", part of its famous slogan for its KitKat chocolate bars "Have a Break…Have a KitKat". Mars, its arch rival, opposed the application on the basis...

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Archive for August, 2005

Two elements of a trade mark that are in themselves descriptive may still be distinctive enough for registration when combined – Celltech R & D Ltd v OHIM, European Court of First Instance

AMD sues Intel for anti-competitive behaviour in the USA, whilst European Commission launches dawn raids against Intel for abusing dominant position in EU

OFT says SMEs are victims of price fixing but do not do enough with their rights under competition law to combat it

EU Software patents directive dead

First UK conviction for illegal modification of Xbox consoles to make pirated copies

Australian ISP liable for hosting website that linked to unauthorised peer-to-peer music copies

Extended warranties case shows difficult distinction between whether copyright exists in document or ideas underlying it -London General Holdings Ltd v USP Plc, Court of Appeal

Software developer not required to give up ownership of copyright in database program to customer in unclear contract case – ClearSprings (Management) Ltd v BusinessLinx Ltd, High Court

Sony obtains injunction to stop parallel imports of PlayStation Portable which have been released in other parts of the world but not in the EU – Sony v Nuplayer, High Court

Nestle tastes sweetness of success in defeating Mars’ objection to KitKat slogan registration case – Nestle SA v Mars UK Ltd, European Court of Justice

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