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Force India gets a chequered result in F1 car design claims – Force India Formula One Team Limited v 1 Malaysia Racing Team SDN BHD, 1 Malaysia Racing Team (UK) Limited, Michael Gascoyne, Aerolab and Fondmetal Technologies, High Court

30 March 2012 | Simon Weinberg

Force India entered into a Formula One (F1) agreement for the development of a new F1 car with Aerolab. Aerolab created confidential computer-aided design (CAD) files under that agreement, and all intellectual...

Tags on this discussion: Aerolab breach of confidentiality commercial agreement Commercial contract commercial contracts computer-aided design confidential information confidentiality contract contract law contracts copyright copyright infringement F! Force India Formula 1 Formula One High Court illegal infringement Intellectual property intellectual property rights IP Lotus repudiatory breach unauthorised unlawful

Football fixture list commercial arm loses out to bookmakers as fixture lists not protected by copyright or database right despite significant skill and labour – Football Dataco v Yahoo!, European Court of Justice

30 March 2012 | Paul Gershlick

It has been the case for a few years under European Union law that there is no database right protection in compiling sports fixture lists as the investment involved in the data is in the creation of it...

Tags on this discussion: CJEU copyright Court of Appeal Court of Justice of European Union Court of Justice of the European Union data datab database database right database rights databases Directive ECJ EU EU Directive EU law European Court of Justice European Union European Union law High Court Intellectual property intellectual property rights IP IPR IPRs

High Court considers misrepresentation claim and entire agreement clause – (1) Bikam Ood (2) Central Investment Group SA V Adria Cable SARL, High Court

30 March 2012 | Simon Weinberg

Under a share purchase agreement, Bikam Ood and Central Investment Group (B) agreed to sell 68.5% of the shares in a Bulgarian satellite broadcasting company to Adria Cable (A). The price of the shares...

Tags on this discussion: commercial agreement Commercial contract commercial contracts contract contract law contracts entire agreement clause exclusion clause High Court limitation of liability mispresentation misrep negotiation non-contractual warranty

High Court gives some comfort on exclusion of implied terms under the Sale of Goods Act 1979 and gives international contract exceptions a wide interpretation – Air Transworld Ltd v Bombardier Inc, High Court

30 March 2012 | Simon Weinberg

It is common in contracts for the sale of goods for sellers to include a clause that excludes conditions implied into the contract by the Sale of Goods Act 1979 (SGA). The SGA implies conditions in relation...

Tags on this discussion: commercial agreement Commercial contract commercial contracts contract contract law contracts exclusion clause fit for purpose High Court implied condition implied warranty international supply contract merchantability reasonableness Sale of Goods Act 1979 satisfactory quality supply of goods Unfair Contract Terms Act 1977

Publican successful in decoder card appeal – Karen Murphy v Media Protection Services Ltd, High Court

16 March 2012 | Simon Weinberg

Following the decision of the European Court of Justice, the High Court has allowed an appeal by a publican against her conviction under section 297(1) of the Copyright Designs and Patents Act 1988. Section...

Tags on this discussion: broadcast competition law copyright Copyright Designs and Patents Act 1988 copyright infringement decoder card ECJ EU Europe European Court of Justice European law European Union FA football Football Association High Court infringement Intellectual property intellectual property rights IP licensing Premier League rights Sport television TV

Nominet maintains conclusive right to determine whether .co.uk domain names have been registered abusively – Toth v Emirates, High Court

16 March 2012 | Paul Gershlick

Where a brand owner believes that a domain name similar to its own brand has been registered abusively, it may apply to Nominet’s dispute resolution procedure to have the domain name transferred to it....

Tags on this discussion: brand brand protection branding brands dispute dispute resolution process domain name domain names High Court infringement Intellectual property intellectual property rights intellectual property rights infringement IP IP infringement IPR Nominet Patents County Court trade mark trade mark infringement trade marks trademark trademark infringement uniform dispute resolution procedure

High Court wouldn’t infer fixed exchange rate for international contract that mixed pounds and euros – Procter & Gamble v Svenska, High Court

16 March 2012 | Paul Gershlick

P&G supplied products to S. The contract provided for prices stipulated in euros, with payment to be made in pounds. There was no mention in the contract itself of any particular exchange rate. However,...

Tags on this discussion: agreement agreements commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts express term express terms High Court implied term implied terms pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical sector supply contract supply greement

The Pirate Bay going the same way as Newzbin – Dramatico Entertainment Ltd and others v British Sky Broadcasting Ltd and others, High Court

12 March 2012 | Simon Weinberg

Following the recent ruling in favour the British Recorded Music Industry (BPI) that Internet service providers (ISPs) must block access to Newzbin2, a website that offers users a search engine and download...

Tags on this discussion: BPI British Recorded Music Industry copyright Copyright Designs and Patents Act 1988 copyright infringement copyright owner copyrighted content Digital Economy Act 2010 High Court illegal infringement Intellectual property intellectual property rights Internet Internet service provider IP ISP Newzbin Online online content Phonographic Performance Ltd Pirate Bay unlawful web web site web sites Website website content websites

Media given more freedom in reporting on MP’s rugby playing son – Jonathan Spelman (a child by his litigation friends Mark Spelman and Caroline Spelman) v Express Newspapers, High Court

8 March 2012 | Simon Weinberg

The 17-year-old son (JS) of Caroline Spelman MP, a cabinet minister, played rugby for England Under 16s. He had been the subject of an interim injunction to prevent the disclosure of private information...

Tags on this discussion: Caroline Spelman High Court Information Commissioner's Office interim injunction personal data privacy public interest disclosure right to a privacy rugby

High Court issues ruling over ban on sale of foreign decoder cards – Football Association Premier League Ltd and others v QC Leisure and others, High Court

24 February 2012 | Simon Weinberg

The High Court has given its ruling in relation to the use of foreign decoder cards in pubs following the guidance issued by the European Court of Justice (ECJ). Three test cases were brought by the Football...

Tags on this discussion: broadcast communication to the public copyright Copyright Designs and Patents Act 1988 Copyright Directive copyright infringement decoder cards ECJ Europe European Court of Justice exclusive licence agreements FA Premier League football Football Association High Court infringement Intellectual property intellectual property rights IP Sport television TM trade mark trade mark infringement trade marks Treaty on the Functioning of the European Union TV

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Latest news and views tagged High Court

Force India gets a chequered result in F1 car design claims – Force India Formula One Team Limited v 1 Malaysia Racing Team SDN BHD, 1 Malaysia Racing Team (UK) Limited, Michael Gascoyne, Aerolab and Fondmetal Technologies, High Court

Football fixture list commercial arm loses out to bookmakers as fixture lists not protected by copyright or database right despite significant skill and labour – Football Dataco v Yahoo!, European Court of Justice

High Court considers misrepresentation claim and entire agreement clause – (1) Bikam Ood (2) Central Investment Group SA V Adria Cable SARL, High Court

High Court gives some comfort on exclusion of implied terms under the Sale of Goods Act 1979 and gives international contract exceptions a wide interpretation – Air Transworld Ltd v Bombardier Inc, High Court

Publican successful in decoder card appeal – Karen Murphy v Media Protection Services Ltd, High Court

Nominet maintains conclusive right to determine whether .co.uk domain names have been registered abusively – Toth v Emirates, High Court

High Court wouldn’t infer fixed exchange rate for international contract that mixed pounds and euros – Procter & Gamble v Svenska, High Court

The Pirate Bay going the same way as Newzbin – Dramatico Entertainment Ltd and others v British Sky Broadcasting Ltd and others, High Court

Media given more freedom in reporting on MP’s rugby playing son – Jonathan Spelman (a child by his litigation friends Mark Spelman and Caroline Spelman) v Express Newspapers, High Court

High Court issues ruling over ban on sale of foreign decoder cards – Football Association Premier League Ltd and others v QC Leisure and others, High Court

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