Following the Court of Appeal’s judgment in popstar Rihanna’s passing off claim against Arcadia Group (the owners of Topshop), the court has also dismissed Arcadia’s appeal on costs. In deciding that Arcadia should pay Rihanna’s costs – estimated at £1 million – the Court of Appeal rejected the appellants’ arguments that the level of costs … Continue reading Court of Appeal dismisses Arcadia’s appeal on costs in Rhianna and Topshop case
The claimant in Filmflex Movies Ltd v Piksel Ltd issued an application seeking a mandatory interim injunction for the delivery up to it of source code (which had been used to develop software for video on demand technology) on the basis that it was contractually entitled to the same (the “Application”). The claimant claimed that … Continue reading The “Interim interim” injunction
The Court of Appeal has handed down a ruling in conclusion to the patent dispute between Adaptive Spectrum and Signal Alignment Inc (“ASSIA”) and British Telecommunications plc (“BT”). The case concerned alleged infringement by BT of ASSIA’s European Patents relating to DSL (broadband) technology. Having found infringement of two patents and granted an injunction, the … Continue reading Stay of injunction in patent infringement dispute
Advocate General Wathelet has issued an Opinion to the Court of Justice of the EU in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GMBH on whether the proprietor of a standard essential patent (“SEP”) who has informed a standardisation body that he is willing to grant any third party a licence on fair, reasonable … Continue reading Does an injunction application against a patent infringer constitute abuse of a dominant position?
The High Court has handed down a further judgment in the aftermath of Cartier v BSkyB, where Arnold J had granted orders requiring Internet Service Providers (ISPs) to block several websites selling counterfeit goods. The latest ruling concerns the precise wording of those orders, specifically regarding the blocking of IP addresses which might affect other … Continue reading Cartier v BSkyB: court rules on wording of website blocking order
In the recent decision in Anglian Windows Limited v Anglian Roofline Limited (reported on Lawtel here), Judge Richard Hacon sitting in the Intellectual Property Enterprise Court re-affirmed the American Cyanamid principles for the grant of interim injunctions in trade mark infringement cases. In this case, a long-established and successful home improvements business trading as “Anglian … Continue reading IPEC re-affirms American Cyanamid principles in trade mark infringement cases
In Les Laboratoires Servier v Apotex, the Supreme Court has ruled on the availability of the defence of illegality (“ex turpi causa non oritur actio”; from a dishonourable cause an action does not arise) in the context of a patent dispute, and in particular whether it barred the recovery of damages under a cross-undertaking where … Continue reading Does the defence of illegality bar the recovery of damages under a cross-undertaking?
Copyright holders have secured another victory in their battle against infringing file-sharing sites in 1967 Ltd v British Sky Broadcasting Ltd. Applying the principles set out in his recent judgment in Cartier v BSkyB (full judgment available here), Arnold J granted an order under section 97A of the Copyright, Designs and Patents Act 1988 requiring … Continue reading High Court applies Cartier v BSkyB principles to copyright infringement case
Cartier International AG and others v British Sky Broadcasting Ltd and others was a test case in which the court held that trademark holders may be granted site-blocking injunctions against internet service providers (“ISPs”). In the judgment, Mr Justice Arnold considered the nature of the court’s jurisdiction to award injunctive relief and concluded that the … Continue reading Cartier v BSkyB: court considers scope of jurisdiction to make injunctions
Cosmetic Warriors Ltd v Amazon.co.uk Ltd concerned the form of injunction granted in a trademark infringement case in the context of keyword use. Amazon had been held to have infringed the community trade mark (“CTM”) LUSH (that also being the trading name of Cosmetic Warriors) via its use of the keyword LUSH in sponsored adverts … Continue reading Form of injunctive relief to be imposed in trade mark infringement case