Recent Articles

The New Small IP Claims Jurisdiction

March 06, 2012 16:06

On 15 Nov 2011 the government announced that a new small claims service will be introduced at the Patents County Court (PCC)  with a view to helping small and medium sized businesses to protect their copyright, trade marks and designs.(see the press release "New Intellectual Property Court process...

Injunctions against ISPs Part III: Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd. and Others

February 22, 2012 06:20

After disappointments with Scarlet and Netlog, the withdrawal of SOPA and PIPA and Her Majesty's Government's acceptance of the Hargreaves Report, Big Copyright had something to cheer about.  In Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others [2012] EWHC 268 (Ch)...

SABAM v Netlog - the Ghost of Denning stalks the corridors of Luxembourg

February 18, 2012 11:38

Netlog is a social network based in Gand in Belgium. According to the "About Netlog" page on its website it is available to 95 million users throughout Europe in 40 languages. It claims to be "page view market leader" (whatever that may mean) in  Belgium, Italy, Austria, Switzerland, Romania and...

What is Intellectual Property? Coogan v News Group

February 16, 2012 21:49

"So what is intellectual property?" That is a question that I have been asked many times. By accountants and bank managers, clerks of factory chambers, instructing solicitors and even by fellow members of the Bar. Well now the Court of Appeal has provided an answer of sorts.   In  Coogan v News...

Community Trade Marks: Specsavers v ASDA

February 07, 2012 15:13

Specsavers (Specsavers International Healthcare Ltd., Specsavers BV, Specsavers Optical Group Ltd and Specsavers Optical Superstores Ltd) are a group of companies which offer glasses, contact lenses and the like at competitive prices. Specsavers' Trade Marks Specsavers have registered the...

Trade Marks: "The Griller", Ghias v Ikram and Others

January 29, 2012 08:45

This was a decision by Mrs Recorder Michaels who sits as an appointed person in appeals from hearing officers in the Trade Marks Registry under s.77 of the Trade Marks Act 1977. She is therefore used to oppositions under s.5 and applications for invalidity under s.47 (2) of that Act where there...

MMI Research Ltd v CellXion Ltd and Others

January 29, 2012 05:52

This is the second appeal in litigation that has come before Mr. Justice Floyd and the Court of Appeal on two occasions (see MMI Research Ltd v CellXion Ltd and Others [2009] Info TLR 35, [2009] EWHC 418 (Pat) (11 March 2009) and MMI Research Ltd v CellXion Ltd and Others [2011] EWHC 426 (Pat) (7...

Trade Marks: 34Red v WHG Appeal

January 27, 2012 21:26

In 32Red Plc v WHG (International) Ltd and Others [2012] EWCA Civ 19 (24 Jan 2012) the Court of Appeal allowed a cross appeal by the claimant, 32Red Ltd. ("Red") against Mr. Justice Henderson's finding at first instance [2011] EWHC 62 (Ch) (21 Jan 2011) [2011] ETMR 21that Red's number mark had not...

Damages for Infringement of Copyright in Photographs: Hoffmann v Drug Abuse Resistance

January 25, 2012 08:49

A few years ago it became possible for photo libraries to sniff the Internet for unlicensed copies of their photographs. When they found one they demanded pretty steep damages for copyright infringement. Often the owners of the websites were decent people who had acted in the sincere belief that...

Costs in the IPO

January 17, 2012 17:04

This article was prompted by the decision of Mr. Phil Thorpe in Farr v Orbis Corp. (No. 2) BL/0/469/11 23 Dec 2011 where the hearing officer refused to award the defendant costs off the scale published in Tribunal Practice Note ("TPN") 2/2000 as amended by TPN 4/2007 against a litigant in person....