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Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

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IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

11 August 2010 | Paul Gershlick

The European Commission is investigating whether IBM has abused its dominant position contrary to Article 102 of the Treaty of the Functioning of the European Union (formerly Article 82 of the EC Treaty)....

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One vacuum fails to sweep up as another’s less beautiful design gets clean bill of health – Dyson v Vax, High Court

11 August 2010 | Paul Gershlick

Dyson had a registered design for well-known dual cyclone vacuum cleaner. They were concerned by the appearance on the market of a multi-stage cyclone vacuum cleaner called MACH ZEN, which was marketed...

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Intellectual Property Office reports on millions of pounds worth of counterfeit and pirated products seized

10 August 2010 | Paul Gershlick

The Intellectual Property Office’s annual Intellectual Property Crime Report has shown the millions of pounds of pirated or counterfeit products that have been seized in the last year. The Report also...

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Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

10 August 2010 | Paul Gershlick

DSS was the leading supplier of spare parts for Honda motorbikes. Honda alleged that DSS was infringing its registered trade marks by importing and supplying Honda branded parts which had not been put...

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Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine

9 August 2010 | Paul Gershlick

Five members of an animal feed cartel have received a hefty €175m fine from the European Commission for breaching Article 101 of the Treaty on the Functioning of the European Union (formerly Article...

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Regulator’s warning against Government phone and Internet super-database plans

1 August 2010 | Paul Gershlick

The Government’s plans to create a giant database of all phone, Internet and email usage across the UK are a dangerous threat to privacy, according to the Information Commissioner, the UK’s data protection...

Information Commissioner’s Office set to get tough with public bodies that fail to comply with Freedom of Information Act

23 July 2010 | Paul Gershlick

The Information Commissioner’s Office – the UK’s information regulator – is set to get tough with public bodies that fail to comply with the Freedom of Information Act 2000. The Act gives people...

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High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

23 July 2010 | Paul Gershlick

Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about...

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Comedians don’t see the funny side as they claim copyright infringement for stealing their gags

23 July 2010 | Paul Gershlick

Keith Chegwin has been accused of stealing another comedian’s gags – a charge he strenuously denies. But are jokes copyrightable? In theory, yes. But copyright only protects the expression of an idea....

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