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Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

8 November 2011 | Simon Weinberg

The two parties in this case had negotiated a contract which did not reflect the commercial agreement that had been reached in principle. The contract related to the purchase of council housing by Daventry...

Tags on this discussion: breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contract negotiation contracts contractual mistake council council house council housing housing councils court discretion Daventry Daventry District Council discretion discretionary remedy High Court Local Council mistake negotiation rectification rectified rectify remedy

US website loses battle for passing off as reputation amongst UK users not enough to establish goodwill if it does not have customers – Plentyoffish Media v Plenty More, High Court

4 November 2011 | Simon Weinberg

The operator of a US dating website, Plentyoffish, opposed an application by Plenty More, a UK dating website, to register a figurative trade mark using the words “plenty more fish”. Plentyoffish argued...

Tags on this discussion: brand branding brands date dating dating website domain name figurative trade mark goodwill goodwill passing off High Court infringement Intellectual property intellectual property rights Internet IP Online online content passing off reputation reputation passing off trade mark trade mark registration trade marks Trade Marks Act 1994 unauthorised unlawful web web site web sites Website website content websites

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

BT given 14 days to block access to Newzbin2 – Twentieth Century Fox Film Corporation and others v BT, High Court

3 November 2011 | Mark Weston

Following the recent ruling of the High Court which ordered BT to block its users’ access to Newzbin2, an illegal file-sharing and download website, the High Court has now confirmed the details of the...

Tags on this discussion: BT BT Cleanfeed copyright copyright holder copyright infringement copyright owner court order Designs and Patents Act 1988 file-sharing film film studios High Court High Court order illegal illegal file-sharing illegal website content infringement Intellectual property intellectual property rights Internet Internet access Internet piracy Internet service provider Internet service providers IP IP address IPR ISP ISPs Newzbin Newzbin2 online content order rights-holder rights-holders twentieth century fox twentieth century fox film twentieth century fox films unauthorised unlawful web web sites Website website access website block website blocking website content websites

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

Intellectual Property Office relaxes exception to patentability for computerisation of mental act following recent High Court case

24 October 2011 | Simon Weinberg

The Intellectual Property Office has relaxed the rules relating to the patentability of the computerisation of what would otherwise have been a mental act. This follows a High Court case which had ruled...

Tags on this discussion: exception exclusion High Court intellectual property rights intellectual propety invent invention IP IPR IPRs mental act patent patent law patentability Patents Patents Act

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

17 October 2011 | Simon Weinberg | 1 comment

The European Court of Justice (ECJ) has released its ruling in the case of a pub landlady in England who used a decoder card from Greece to show the Premier League football matches live. Karen Murphy used...

Tags on this discussion: advocates general broadcaster broadcasters broadcasting rights competition law competition regime copyright Copyright Directive copyright infringement copyright owner decoder decoder card domestic broadcast ECJ EU EU competition law Europe European Commission European Court of Justice European law European Union exclusive licence FA FA Premier League football Football Association football broadcast football broadcasting rights football match foreign broadcast foreign decoder foreign decoder card High Court illegal infringement infringement of copyright Intellectual property intellectual property rights IP live football match Member State Member States territorial exclusivity agreement Treaty on the Functioning of the European Union unauthorised unlawful

Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

14 October 2011 | Paul Gershlick

Ate My Heart has succeeded in obtaining a High Court injunction to stop Mind Candy from promoting a song on YouTube and iTunes featuring the fictional character Lady Goo Goo. Ate My Heart was the company...

Tags on this discussion: brand branding brands confusingly similar confusion consumer consumer confusion dilution download High Court High Court injunction infringe infringement injunction Injunctions Intellectual property intellectual property rights intellectual property rights infringement interim injunction Internet Internet use IP IP infringement IP rights IPR IPR infringement iTunes likelihood of confusion music music downloads music industry music law On-line online content online IP parody tarnish tarnishment trade trade mark trade mark infringement trade marks trademark trademark infringement trademarks unfair unfair advantage YouTube

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

Ferdinand’s defence falls short – Rio Ferdinand v MGN Limited, High Court

6 October 2011 | Simon Weinberg

MGN Limited, the media publisher, published a story in 2010 which suggested that Rio Ferdinand, the now former captain of the England football team, was in an extra-marital relationship. Ferdinand issued...

Tags on this discussion: ECHR European Convention of Human Rights Ferdinand freedom of expression High Court Human Rights Act Man Utd Manchester United media privacy public interest right to privacy Rio Ferdinand

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Latest news and views tagged High Court

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

US website loses battle for passing off as reputation amongst UK users not enough to establish goodwill if it does not have customers – Plentyoffish Media v Plenty More, High Court

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

BT given 14 days to block access to Newzbin2 – Twentieth Century Fox Film Corporation and others v BT, High Court

Failed judicial review of the Digital Economy Act to be appealed

Intellectual Property Office relaxes exception to patentability for computerisation of mental act following recent High Court case

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

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

Ferdinand’s defence falls short – Rio Ferdinand v MGN Limited, High Court

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