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In determining the distinctiveness of a trade mark in infringement proceedings, a court must look at the perception of the relevant public at the time when use of the infringing sign commenced; an order to cease using the infringing sign may often be appropriate where loss of distinctive...
The Court of Appeal in Sportswear considered the interaction between the EU principle of free movement of goods and respect for trade marks rights. In overturning the decision of Mr Justice Warren to strike out an Article 81 defence to trade mark infringement, the court found that there was a...
An Indian court has set aside an order, issued by it earlier, restraining mobile operators from disseminating cricket scores and updates by SMS for the ODI cricket series between India and Pakistan. However, the ruling leaves open the question of whether there can be exclusive rights to scores...
In this recent decision of the Court of Appeal, Lord Justice Jacob has clarified the previously unsatisfactory law on unopposed patent appeals. The practice of restoring to the register patents that had been found invalid at first instance, where on appeal their validity was not contested, has...
Legal context and key points. The particular geographical structure of Italy has favoured the development of parallel cultures that in the past competed not only with spears and arrows, but also with works of art -hence, the particular sensitivity of the Italians for design. The Community regime...
The Irish High Court dismissed an appeal by Jaguar Cars against the rejection of its opposition to the registration of the trade mark JAGUAR by Montres Jaguar.
Legal context . The right of freedom of expression is a fundamental right entrenched in the Bill of Rights incorporated in the South African Constitution. While intellectual property rights do not enjoy this status, they are internationally recognised rights granted by a law of general...
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