Minggu, 27 Februari 2005

February Ip&T Straight Off Out


The newspaper re-create of the Feb number of Butterworths' Intellectual Property & Technology Cases, published past times LexisNexis, has only come upwards out (IP&T is an internet-based subscription-only police study that features cases on a rolling basis, but the electronic version is followed past times difficult re-create for those people who taste reading police reports inwards places where electricity is a problem, such every moment the bathtub). This number contains iv recent cases:
* Cream Holdings Ltd v Banerjee, inwards which the House of Lords approximately says that, if you lot desire to goal a breach of confidential data together with the other political party says he's acting inwards accordance amongst principles of liberty of expression, you've pretty good e'er got to larn to courtroom to notice out whether you're entitled to produce together with then because at that spot aren't actually whatever guidelines to enable you lot to know inwards advance whether you're entitled to succeed or not.

BOSTONGURKA: an ECJ reference was needed later the Swedish
courts got into a pickle over merchandise score validity

* BOSTONGURKA, alias European Court of Justice instance C-371/02 on how to assess whether a merchandise score is distinctive when it was originally clearly distinctive but has since been regarded past times many consumers (but non merchandise circles) every moment beingness a generic term for a type of pickled cucumber.

* Electrocoin Automatics Ltd v Coinworld Ltd, a fascinating instance involving issues of merchandise score validity together with infringement, determined past times Deputy Judge Geoffrey Hobbs QC.

* Nichols plc v Registrar of Trade Marks, alias Case C-404/02 from the European Court of Justice on how you lot know whether a mutual surname is a sufficiently distinctive sign for merchandise score registration purposes. This ruling has resulted inwards a change in United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland Registry practise together with the casting aside of the practise of counting surnames inwards weep upwards directories inwards companionship to institute how probable they were to endure distinctive.

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