Archive for May, 2008

No EU trade mark use where goods were stored in the UK in transit but never intended for use in the UK – Eli Lilly v 8 PM Chemists, Court of Appeal

1 May 2008 | Paul Gershlick

PM was an English chemist. It obtained genuine drugs made by Eli Lilly from Turkey. No import duties were paid because the goods were under customs control as they were never intended for supply in...

Registering ‘CITI’ figurative mark would lead to free-riding on the reputation of the ‘CITIBANK’ mark – Citigroup and Citibank v OHIM, European Court of First Instance

1 May 2008 | Paul Gershlick

The European Court of First Instance (‘CFI’) has ruled that there was a high probability that the use of the figurative ‘Citi’ mark would lead to free-riding on the reputation of the ‘CITIBANK’...

Google lifts UK and Ireland ban on buying trade marks to trigger advertisements

1 May 2008 | Paul Gershlick

Google has lifted a ban in the UK and Ireland on businesses buying the right to use another business’s trade mark to trigger advertisements. Previously trade mark owners have maintained a monopoly on...

Document management system permitting recovery of documents was excluded from patentability as it was merely a computer program without any technical effect – Kapur v Comptroller General, High Court

1 May 2008 | Paul Gershlick

The High Court has ruled that patent applications for a document management system that dealt with data that had been deleted or overwritten in a database was excluded from patentability as the invention...

New consumer selling laws and business comparison laws come into force – the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008

1 May 2008 | Paul Gershlick

The Government is introducing two new laws which will affect the way businesses can sell or market their goods or services. They are the Consumer Protection from Unfair Trading Regulations 2008 and the...

Online headphone retailer breaches ASA code over failure to give out prize months after competition closed

1 May 2008 | Paul Gershlick

iheadphones.co.uk, the online retail website operated by Nusystems, has been found by the Advertising Standards Authority (‘ASA’) to have breached the breached the CAP Code. The CAP Code is a code...

Play.com does not play by the rules as ASA rules that it had breached advertising code by raising price of month-long advert after just 3 days

1 May 2008 | Paul Gershlick

Play.com – the online retailer – has been found to have misled consumers after it had advertised a reduced price DVD of the film ‘Pirates of the Caribbean’ for just three days. The advert appeared...

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Archive for May, 2008

No EU trade mark use where goods were stored in the UK in transit but never intended for use in the UK – Eli Lilly v 8 PM Chemists, Court of Appeal

Registering ‘CITI’ figurative mark would lead to free-riding on the reputation of the ‘CITIBANK’ mark – Citigroup and Citibank v OHIM, European Court of First Instance

Google lifts UK and Ireland ban on buying trade marks to trigger advertisements

Document management system permitting recovery of documents was excluded from patentability as it was merely a computer program without any technical effect – Kapur v Comptroller General, High Court

New consumer selling laws and business comparison laws come into force – the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008

Online headphone retailer breaches ASA code over failure to give out prize months after competition closed

Play.com does not play by the rules as ASA rules that it had breached advertising code by raising price of month-long advert after just 3 days

Government consults on new proposals for rules on EU cross-border contract laws

Court of Appeal left cold on interfering with liability clause – Regus v Epcot, Court of Appeal

Council of Europe recommends countries legislate to protect users’ rights to have unfiltered Internet access

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