Included in this issue: "Improving" the test for assessing patent infringement involving equivalents; Red Bull's Colour Combination Mark Refused; Driving a successful claim for trade mark infringement and more...
"Improving" the test for assessing patent infringement involving equivalents
- Actavis seeks declaration of non-infringement in relation to a patent owned by Elli Lilly
- Proposed product does not fall within the literal wording of the patent
- Supreme Court reformulates the Improver questions and tackles the interpretation of the wording of patent claims
Red Bull's Colour Combination Mark Refused
- Validity challenge to trade marks owned by Red Bull
- Consideration by EU General Court of marks consisting of a combination of colours
- Uncertainty over when colour combination marks can be validly registered
CJEU adopts a wide definition of 'act of communication'
- Claimant requests Dutch ISPs block access to The Pirate Bay website
- Reference to the CJEU on the scope of the phrase 'act of communication'
- Does copyright infringement take place when a website provides a system of accessing protected works, even if the works themselves are not available on the website?
Driving a successful claim for trade mark infringement
- Guidance from the Court of Appeal on the test for the likelihood of confusion where a trade mark is used in relation to the provision of services
- Assessment based on the way in which the mark is used, and the message that the use of mark conveys to customers
- Use of the mark will infringe if it is likely to mislead customers into thinking that the trade mark is being used as part of a commercial connection with the trade mark owner
Flagging the risk of trade mark infringement on Amazon
- Amazon seller claims for trade mark infringement and passing off
- Defendant selling products using claimant's listing details
- Consideration of whether Amazon listings are generic
Unanimous Supreme Court decision on criminal liability for parallel imports
Criminal liability for "grey market" goods traders
Added protection for trade mark proprietors
A warning to retailers to check the provenance of the products they are selling
Scooting to court over joint ownership of designs
- Collaboration between businesses on the development of designs for motor scooters
- Lack of clarity in contractual arrangements
- Consideration of whether parties had agreed to joint ownership of designs arising from the collaboration
Shape trade marks: 50 shades of black cabs
- Court of Appeals finds that two trade marks registered in the shape of London taxis are invalid
- Both marks lacked distinctive character and only consisted of the shape which gave value to the goods in question
- The case reinforces the difficulty in registering trade marks in the shape of goods
Heartening decision on database right
- Owner of ECG screening system asserts database right in pdf generated by the system
- Claims of infringement when customer switches to new provider of ECG screening services
- High Court considers whether a pdf can be protected by database right
How to 'win' copyright protection in TV programme formats
- High Court guidance on copyright subsistence in television programme formats
- Emphasises importance of protecting ideas with non-disclosure agreements
- Court willing to take a hard line on abuse of process where claims have failed in other jurisdictions
Game for a dispute – enforcing Community Registered Designs against manufacturers of accessories
- Nintendo seeks to enforce Community Registered Design against manufacturer of Wii accessories
- When can a supplier of un-branded accessories use images of goods protected by a Community Registered Design?
- Can a national court grant EU-wide relief against infringers?