Archive for May, 2006

European Court hears Microsoft’s appeal against European Commission’s competition law ruling

1 May 2006 | Paul Gershlick

Microsoft has started its appeal against the European Commission’s 2004 competition law rulings against the software giant. In March 2004, the Commission fined Microsoft €497m for abusing its dominant...

UK Patent Office sets up a mediation service for intellectual property disputes

1 May 2006 | Paul Gershlick

Following on from the Patent Office’s newly established system of issuing non-binding patent opinions as a service, the Patent Office has now set up a mediation service to save warring parties in intellectual...

Court of Appeal reveals what to consider when deciding on who owns a patent – IDA Ltd v University of Southampton, Court of Appeal

1 May 2006 | Paul Gershlick

This case involved an invention for killing insects. Professor Howse of Southampton University discovered the method of killing them through the adhesion of electrostatically charged powders to insects'...

Summary judgment awarded for unauthorised copying of business plan based on judge’s mere assumption of likely evidence Quid Novi v Innvotec, High Court

1 May 2006 | Paul Gershlick

In this case, Quid Novi alleged that an employee of Innvotec (Blakey) had copied substantial parts of a business plan document for a tax-efficient scheme for carbon trading. Blakey had seen a copy of...

Court distinguishes copying mere ideas from protecting how ideas are put together in ‘The Da Vinci Code’ case – Baigent and Leigh v The Random House Group Ltd, High Court

1 May 2006 | Paul Gershlick

In this case, Michael Baigent and Richard Leigh, two of the three authors of The Holy Blood and the Holy Grail (HBHG), claimed that Dan Brown, the author of the The Da Vinci Code bestseller, had infringed...

Parallel imports of habanos Cuban cigars into the UK infringed trade mark rights as Cuban supplier turning a blind eye to exporting to EEA did not amount to consent – Mastercigars Direct Ltd v Hunters & Frankau Ltd, High Court

1 May 2006 | Paul Gershlick

This case related to a dispute about the importation into the UK of famous brands of hand-rolled Cuban cigars, known as 'habanos'. The Cuban owner and UK sole distributor of the cigars were concerned...

Appeal court allows competition law defence to be argued in trade mark infringement case – Sportswear Company Spa v Stonestyle Ltd, Court of Appeal

1 May 2006 | Paul Gershlick

Sportswear and its UK distributor marketed STONE ISLAND clothing. They had entered into distribution agreements whereby the distributor had exclusivity within its own territory and the distributor could...

Magic Tree car air freshener producer succeeds in trade mark infringement claim against other producer of tree air fresheners for cars – Julius Samann Ltd v Tetrosyl Ltd, High Court

1 May 2006 | Paul Gershlick

JS owned registered trade marks representing a pine tree shape which it has used for several decades to make air fresheners. More recently, it has experienced a boom in sales of its Magic Tree air fresheners...

London Olympic Games and Paralympic Games Act receives Royal Assent

1 May 2006 | Paul Gershlick

The London Olympic Games and Paralympic Games Act, which increases the British Olympic Association’s powers to protect Intellectual Property relating to the Olympics and restrict unauthorised use of...

Red Letter Days fails to get transfer of ‘redletterdays.com’ domain name from Swiss seller of special envelopes in cybersquatting dispute

1 May 2006 | Paul Gershlick

Red Letter Days, the business selling unusual experiences as gifts, has failed in a bid to get the domain name 'redletterdays.com' transferred from RDX, a Swiss registrant claiming that it is a seller...

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Archive for May, 2006

European Court hears Microsoft’s appeal against European Commission’s competition law ruling

UK Patent Office sets up a mediation service for intellectual property disputes

Court of Appeal reveals what to consider when deciding on who owns a patent – IDA Ltd v University of Southampton, Court of Appeal

Summary judgment awarded for unauthorised copying of business plan based on judge’s mere assumption of likely evidence Quid Novi v Innvotec, High Court

Court distinguishes copying mere ideas from protecting how ideas are put together in ‘The Da Vinci Code’ case – Baigent and Leigh v The Random House Group Ltd, High Court

Parallel imports of habanos Cuban cigars into the UK infringed trade mark rights as Cuban supplier turning a blind eye to exporting to EEA did not amount to consent – Mastercigars Direct Ltd v Hunters & Frankau Ltd, High Court

Appeal court allows competition law defence to be argued in trade mark infringement case – Sportswear Company Spa v Stonestyle Ltd, Court of Appeal

Magic Tree car air freshener producer succeeds in trade mark infringement claim against other producer of tree air fresheners for cars – Julius Samann Ltd v Tetrosyl Ltd, High Court

London Olympic Games and Paralympic Games Act receives Royal Assent

Red Letter Days fails to get transfer of ‘redletterdays.com’ domain name from Swiss seller of special envelopes in cybersquatting dispute

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