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“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

3 February 2012 | Simon Weinberg

In February 2011, the High Court ruled that two European Community Trade Marks for the “32RED” word and a figurative trade mark comprising “32” and “red” had been infringed by “32Vegas”...

Tags on this discussion: 32 32red 32vegas brand branding brands Court of Appeal CTM European Community Trade Mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights Internet IP Online online betting online content online gambling online gaming red TM trade mark trade mark infringement trade marks Trade Marks Act 1994 UK Trade Mark unauthorised unlawful web web site web sites Website website content websites

Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

23 December 2011 | Paul Gershlick

A ticket exchange website has been ordered to hand over to the Rugby Football Union details of people who have sold on its site England rugby tickets for above the ticket’s face value. Sales above face...

Tags on this discussion: B2C business-to-consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws Court of Appeal data data protection data protection act Data Protection Act 1998 data protection law data protection laws disclose disclosure DPA High Court Norwich Pharmacal Order On-line Online online content online trading personal data privacy Sport trespass trespasser trespassing web web content web site web sites Website website content websites

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

6 December 2011 | Simon Weinberg

In 2003, as a 17-year-old, Wayne Rooney (R) entered into an image-rights representation agreement with Proactive Sports Management Ltd (P). Under the agreement, R’s image rights, which he had vested...

Tags on this discussion: anti-competition anti-competitive bargaining power breach of contract commercial agreement Commercial contract commercial contracts commission agreement competition law competition regime contract contract law contracts Court of Appeal exploit image rights exploitation of image rights High Court image right image rights image rights agreement Intellectual property intellectual property rights IP legal advice legal representation primary occupation Proactive Proactive Sports Management restraint restraint of trade Rooney trade Wayne Rooney

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

18 November 2011 | Paul Gershlick

Six companies had agreed to buy a ship from a shipbuilder in instalments. The buyer had agreed to do so in return for the builder providing a bank guarantee to repay those sums if the construction did...

Tags on this discussion: agreement agreements ambiguous commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Construction contract contracts Court of Appeal High Court interpret interpretation interpretation of contract Supreme Court unambiguous

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

18 November 2011 | Simon Weinberg

Oral contracts, where the parties do not sign a formal document, can exist. As with any contract, this is when the following four basic elements of a contract exist: an offer; acceptance of that...

Tags on this discussion: acceptance breach of contract commercial agreement commercial agreements Commercial contract commercial contracts consideration contract contract law contracts contractual notice County Court Court of Appeal create legal relations High Court intention to create legal relations legal relations notice of termination notice period offer oral agreement oral contract

Supreme Court awards patent for human protein and discovery of underlying gene sequence as it says English courts should follow European Patent Office Technical Board of Appeal where it has adopted a consistent approach – Human Genome Sciences v Eli Lilly, Supreme Court

14 November 2011 | Paul Gershlick

HGS made a patent application for the human protein Neutrokine-alpha and the discovery of its underlying gene sequence. Eli Lilly challenged the patent application in the High Court and the European Patent...

Tags on this discussion: biotech Biotech Directive Court of Appeal Directive EPO EU EU law European Patent Office European Union High Court human protein Intellectual property intellectual property rights IP IP law IP laws IP rights IPR patent patent application patentability Patents pharma products pharmaceutical pharmaceutical patents pharmaceutical products pharmaceutical sector protein registered registration Supreme Court Technical Board of Appeal

Dyson fails to clean up as registered design appeal rejected – Dyson Ltd v Vax Ltd, Court of Appeal

14 November 2011 | Simon Weinberg

Dyson was at the forefront of the development of two-stage dust-separation cyclonic vacuum cleaners in the early 1990s, and Vax was one of its competitors. Dyson issued proceedings against Vax for alleged...

Tags on this discussion: Court of Appeal design design infringement design right design rights designs Dyson High Court hoover infringement Intellectual property intellectual property rights IP register registered registered design registered design infringement registered designs Registered Designs Act Registered Designs Act 1949 Registered Designs Regulations Registered Designs Regulations 2001 registered IP vacuum vacuum cleaners

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

3 November 2011 | Simon Weinberg

Mr Estafnous (E) and London & Leeds Business Centres (L) had entered into an agreement by which L was to sell a property to a purchase that was introduced to L by E. Under the agreement, L was to pay...

Tags on this discussion: beneficial title breach of contract commercial agreement commercial agreements Commercial contract commercial contracts commission commission agreement contract contract law Court of Appeal Estate Agent estate agents High Court holding company interpretation interpretation of contract legal title property sale property transaction sale of property sale of shares Share sale share transaction Terms & conditions

Failed judicial review of the Digital Economy Act to be appealed

28 October 2011 | Mark Weston

Earlier this year, BT and TalkTalk, the Internet services providers (ISPs), brought an unsuccessful application for judicial review of the Digital Economy Act to the High Court, and then subsequently were...

Tags on this discussion: BT copyright copyright infringement Court of Appeal DEA Digital Economy Act Digital Economy Act 2010 file-share file-sharer file-sharing High Court illegal infringement Intellectual property intellectual property rights Internet Internet access Internet service provider Internet service providers IP ISP ISPs judicial review Online TalkTalk unauthorised unlawful web web site web sites Website website content websites

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

12 October 2011 | Simon Weinberg

Gesner contracted to buy an aeroplane from Bombardier. The contract provided that Gesner could invoke the termination clause if there was a 90 day period of non-excusable delay in delivery. The plane was...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract termination contracts Court of Appeal default fundamental breach High Court material material breach repudiatory breach serious breach terminate termination

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Latest news and views tagged Court of Appeal

“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

Supreme Court awards patent for human protein and discovery of underlying gene sequence as it says English courts should follow European Patent Office Technical Board of Appeal where it has adopted a consistent approach – Human Genome Sciences v Eli Lilly, Supreme Court

Dyson fails to clean up as registered design appeal rejected – Dyson Ltd v Vax Ltd, Court of Appeal

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

Failed judicial review of the Digital Economy Act to be appealed

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

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