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

Latest input tagged Intellectual property

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

Over half of employees admit that they would take employer’s property before leaving their employment

1 September 2010 | Paul Gershlick

52% of employees would steal their employer’s property before leaving their employment. Nearly a quarter would take customer contact details, while a similar number would take stationery. These are the...

Tags on this discussion: confidential information data data controller data security data theft databases employ employee Employees employer Employers Employment Employment issues Intellectual property intellectual property rights IP misuse of data sensitive personal data

Skype admits to losing trade mark battle with Sky

18 August 2010 | Mark Weston

Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights IP OHIM opposition trade mark trade mark infringement trade marks

Nominet considers relaxing the rules to allow one character or two letter UK domain names

17 August 2010 | Mark Weston

There may soon be the option to register shorter UK domain names. Nominet, the body in charge of regulating ‘.uk’ domain names, has been considering for some time amending its rules that currently...

Tags on this discussion: brand brand protection branding brands domain name Intellectual property intellectual property rights IP Nominet Online Website

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

Google announces relaxation in policy towards use of registered trade marks as keywords

16 August 2010 | Mark Weston

Google has announced a relaxation of its policies involving the sponsoring of other people’s trade marks as keywords. Sponsoring keywords triggers adverts when Internet users search on those terms. The...

Tags on this discussion: advertising brand brand protection branding brands CJEU comparative advertising Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights Internet IP keywords Online search search engine search engines trade mark trade mark infringement trade marks

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

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

One vacuum fails to sweep up as another’s less beautiful design gets clean bill of health – Dyson v Vax, High Court

11 August 2010 | Paul Gershlick

Dyson had a registered design for well-known dual cyclone vacuum cleaner. They were concerned by the appearance on the market of a multi-stage cyclone vacuum cleaner called MACH ZEN, which was marketed...

Tags on this discussion: design High Court infringement Intellectual property intellectual property rights IP registered design

Latest input tagged Intellectual property

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

Over half of employees admit that they would take employer’s property before leaving their employment

Skype admits to losing trade mark battle with Sky

Nominet considers relaxing the rules to allow one character or two letter UK domain names

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

Google announces relaxation in policy towards use of registered trade marks as keywords

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

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

One vacuum fails to sweep up as another’s less beautiful design gets clean bill of health – Dyson v Vax, High Court

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