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Failure to act quickly enough proved fatal to injunction application to stop trade mark infringement and passing off – Blinkx v Blinkbox, High Court

11 February 2010 | Paul Gershlick

Since 2004, A had been operating the blinkx.com web site, which was an Internet service providing access to film, television and video content. In 2008, B started up its own site at blinkbox.com, which...

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Intellectual Property: McDonald’s eats IP up

2 February 2010 | Mark Weston

In 2008, a teenager from Chicago (Lauren McClusky) applied to register the name McFest at the US Patent & Trademark Office. She cited the use of “Mc” as linked to the Mc in her own surname. For the...

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Court of Appeal asks European Court of Justice to rule on lawfulness on seizing counterfeit goods coming through EU in transit only – Nokia v HMRC, Court of Appeal

28 January 2010 | Paul Gershlick

Nokia has persuaded the Court of Appeal to ask the European Court of Justice to answer questions surrounding the seizure of counterfeit goods which are passing through the EU in transit only. Under EU...

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Amendment proposed to Digital Economy Bill which would clarify that search engines are exempt for copying web pages

15 January 2010 | Paul Gershlick

Search engines crawl the world wide web and copy pages for the purpose of providing their search services to web users. That use may be an infringement of copyright on a massive scale of the owners of...

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Software case highlights need to deal expressly with copyright ownership in contract if commissioner wants to own it – ICEL v Virrage, High Court

15 December 2009 | Mark Weston

ICEL and Virrage entered into an agreement regarding the development of infection control software for hospitals. One of Virrage’s directors had also been a director with LIS, a company that had not...

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Patient records turn up as gift wrapping paper at shop

14 December 2009 | Paul Gershlick

Whatever next? NHS patients' paper records have turned up as packaging to wrap gifts up in at a jewellery shop! The records had originally come from Papworth Hospital NHS Foundation Trust, although the...

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Sale of devices enabling pirated video games to be played on game consoles is copyright offence, says Court of Appeal – R v Gilham, Court of Appeal…

4 December 2009 | Mark Weston

The Court of Appeal has ruled that the sale of mod chips – so called because they modify a games console – which enabled pirated video games to be played did constitute an infringement of copyright....

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Reservation of rights can constitute an unjustified threat of unregistered design right infringement rules High Court – Grimme Landmashinenfabrik v Scott (t/a Scotts Potato Machinery), High Court…

2 December 2009 | Samantha Lloyd

The High Court has ruled that a reservation of rights to commence proceedings can constitute an unjustified threat of infringement even where the letter expressly stated that there was no intention of...

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