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

Latest input tagged High Court

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

Lost in Translation – what to do if you need a legal document translated

26 August 2010 | Justine Ash

The world is becoming smaller. As a result, there are increasingly more and more occasions where you may find that you need to have a legal document translated into another language in the spirit of...

Tags on this discussion: High Court Litigation Professional Legal Translations Translation Confidential Documents Translation Legal Documents

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

Hyperlinked web pages relevant to interpreting whether meaning is defamatory – Islam Expo v The Spectator, High Court

20 August 2010 | Paul Gershlick

This case surrounded an allegation of defamation made by Islam Expo against The Spectator and a journalist who wrote an online article for the magazine. The article contained links to other web pages and...

Tags on this discussion: defamation High Court hyperlink libel link meaning Online web site web sites Website website content

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

17 August 2010 | Paul Gershlick

Gold had entered into an agreement with BDW (formerly Barratt Homes) to build some properties on Gold’s land. BDW would pay minimum fee per property and the parties would share revenue. The contract...

Tags on this discussion: agreement breach breach of contract commercial agreement Commercial contract contract contract law contracts duty force majeure fundamental fundamental breach good faith High Court obligation repudiation repudiatory breach terminate termination

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

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

16 August 2010 | Paul Gershlick

Specsavers was a famous money-saving optician and had registered trade marks for its name and two overlapping ovals logo. Asda was re-launching its optician service. Specsavers objected to the logo and...

Tags on this discussion: brand branding brands comparative advertising detriment EU law European Union High Court infringement Intellectual property intellectual property rights IP logo trade mark trade mark infringement trade marks Trade Marks Act unfair unfair advantage

Judge forced to put finger in the air to work out losses arising out of unauthorised publication of Jimi Hendrix concert – Experience Hendrix v Times Newspapers, High Court

13 August 2010 | Paul Gershlick

Jimi Hendrix – the famous musician – and the other members of The Jimi Hendrix Experience band just wanted to entertain. Little did they know that their last ever UK concert in 1969 would become such...

Tags on this discussion: copyright copyright infringement damages High Court infringement Intellectual property intellectual property rights IP punitive unauthorised

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...

Tags on this discussion: agreement all monies breach breach of contract clause commercial agreement Commercial contract contract contract law contracts guarantee High Court ineffective purchase agreement purchase contract retention of title Romalpa supply agreement supply contract termination unenforceable

It’s game over at level 1 for Nintendo DS mod chip importer – Nintendo v Playables and Chan, High Court

11 August 2010 | Mark Weston

Nintendo has obtained summary judgment in its claim against the importer of a mod chip product that circumvented Nintendo’s technological copy-protection measures intended to stop unlawful copies of...

Tags on this discussion: copyright copyright infringement effective technological measure ETM hardware High Court infringement Intellectual property intellectual property rights IP IT mod chip pirated Software summary judgment TPM

Latest input tagged High Court

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

Lost in Translation – what to do if you need a legal document translated

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

Hyperlinked web pages relevant to interpreting whether meaning is defamatory – Islam Expo v The Spectator, High Court

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

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

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

Judge forced to put finger in the air to work out losses arising out of unauthorised publication of Jimi Hendrix concert – Experience Hendrix v Times Newspapers, High Court

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

It’s game over at level 1 for Nintendo DS mod chip importer – Nintendo v Playables and Chan, High Court

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