Court of Appeal « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged Court of Appeal

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

20 August 2010 | Paul Gershlick

This case surrounded two licences to make and sell Umbro’s football clothes in the US. One licence (to Dick’s) was for the exclusive sale of on-field sports clothing and the other (to Hudson Bay) was...

Tags on this discussion: actual authority agreement approval authorisation brand branding brands breach breach of contract commercial commercial agreement Commercial contract commercial law consent contract contract law contracts Court of Appeal High Court logo merchandise merchandising agreement ostensible authority Sport trade mark trade marks unauthorised

It’s drinks all round as Diageo celebrates confirmation that VODKA has sufficient protectable rights in passing off – Diageo v Intercontinental Brands, Court of Appeal

17 August 2010 | Paul Gershlick

Diageo – the owner of the market leading brand, Smirnoff – has obtained an important judgment protecting the vodka name from being passed off as a cheaper imitation called vodkat. Smirnoff has been...

Tags on this discussion: brand brand protection branding brands confusingly similar confusion Court of Appeal goodwill High Court Intellectual property intellectual property rights IP misrepresentation passing off reputation

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

13 August 2010 | Mark Weston

GB Gas entered into an agreement with Accenture for Accenture to design, supply, install and maintain a business-critical IT system, including billing. The agreement defined a ‘Fundamental Defect’...

Tags on this discussion: breach breach of contract bugs business-critical commercial consequential loss contract contract law contracts Court of Appeal design direct loss exclusion of liability fundamental fundamental breach indirect loss installation IT IT contract IT project IT system liability limitation on liability loss of business loss of contracts loss of profits loss of revenue losses maintenance material material breach reasonable reasonable endeavours remedy repudiatory breach serious serious breach supply supply agreement supply contract support and maintenance third party third party losses warranty

It’s not personal…

29 July 2010 | Samantha Lloyd

An indemnity given by a financial advisor was not personal and therefore could be enforced by an assignee said the Court of Appeal in Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161. Berkeley...

Tags on this discussion: asset purchase agreement assignment contract contracts corporate Court of Appeal indemnity Shaw v Lighthousexpress Ltd

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

10 June 2010 | Mark Weston

Durham Airport had an agreement with BMIBaby. The Airport agreed to provide substantial funding to support the Airline being at the Airport. In return, the Airline agreed to have two aircraft based operations...

Tags on this discussion: breach of contract contract contract law contracts Court of Appeal damages implied term unenforceable

Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal

8 June 2010 | Paul Gershlick

The Court of Appeal has followed a key 2009 decision of the European Court of Justice on comparative advertising because it said it had to do so, but issued some stinging criticism of the ECJ’s ruling....

Tags on this discussion: brand brand protection branding comparative advertising Court of Appeal Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

24 May 2010 | Paul Gershlick

This was a case where Kaschke sued Osler for comments that Osler had made about Kaschke on Osler’s blogs. Kaschke claimed that they were defamatory. Osler applied to strike the claim out as an ‘abuse...

Tags on this discussion: abuse of process Court of Appeal defamation High Court Jameel Kaschke libel New York Times Online Osler web site

Was there an oral agreement to vary the terms of a guarantee?

19 May 2010 | Karen Jacobs

The Court of Appeal held that on the facts of this case it was always contemplated that the guarantors would obtain legal advice before they signed the guarantee. This would be a pointless provision...

Tags on this discussion: banking banks Court of Appeal guarantee

Court of Appeal victory for price comparison websites

28 April 2010 | Shimon Shaw

Two companies operated websites, by which prospective customers were provided with a 'comparison service' for insurance cover from various insurers. They received commission from the insurers to whom they...

Tags on this discussion: Court of Appeal Digital Economy Bill HMRC Insurance Intellectual property tax Taxation VAT Website

Latest input tagged Court of Appeal

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

It’s drinks all round as Diageo celebrates confirmation that VODKA has sufficient protectable rights in passing off – Diageo v Intercontinental Brands, Court of Appeal

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

It’s not personal…

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal

Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

Was there an oral agreement to vary the terms of a guarantee?

Court of Appeal victory for price comparison websites

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