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Recent cases

Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd 2013] EWHC 362420 November 2013Martin Howe QC and Iona Berkeley, instructed by Maitland Walker LLP, appeared for the Defendant, Doncaster Pharmaceutical Group, in this High Court trade mark infringement case before Mrs Justice Asplin concerning the parallel importation of pharmaceutical products in the fields of urology. The case concerned the importation by the Defendant, Doncaster Pharmaceuticals Group, of the […]
SAS Institute Inc. v World Programming Ltd [2013] EWCA Civ 14827 November 2013Martin Howe QC  and  Robert Onslow and  Isabel Jamal recently appeared for World Programming Ltd, the successful respondent in an appeal brought by SAS Institute. At first instance [2011] RPC 1 Arnold J held that copyright does not protect the functionality of computer programs or programming languages as such. In having replicated the functionality of […]
Bocacina Limited v Boca Cafes Limited [2013] EWCH 3090 (IPEC)30 October 2013Jonathan Hill  has recently appeared in the first trial to be heard in the new Intellectual Property Enterprise Court (‘IPEC’), acting for Bocacina Limited, the successful claimant in a passing off action. The judge was Daniel Alexander QC, sitting as a Deputy Enterprise Judge. The defendants had opened a café and bistro called ‘Boca Bistro […]
IPCom GMBH & Co KG v HTC Europe Co Ltd29 October 2013Adrian Speck QC  and James Abrahams recently appeared for HTC, in its appeal from the first instance judgment of Roth J declining to order a stay of infringement proceedings in the Patents Court pending the outcome of opposition proceedings in the European Patent Office (“EPO”). In considering the appeal, Floyd LJ, with whom Patten and […]
Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat)16 October 2013Henry Ward  recently appeared with Roger Wyand QC for Lonsdale Sports Limited, the well-known sporting goods company. Lonsdale successfully appealed the decision of the Trade Mark Registry to register the respondent’s mark. Lonsdale had opposed registration on various grounds, including that the respondent’s mark took unfair advantage or was detrimental to the distinctive character or […]
J W Spears & Sons Ltd, Mattel inc , Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 11759 October 2013James Mellor QC recently appeared with Phillip Roberts for the successful respondent Zynga in an appeal from summary judgment handed down in JW Spear & Sons Ltd and Mattel Inc v. Zynga [2012] EWHC 3345 (Ch). At first instance, Arnold J found for Zynga. He held that the claimants’ UK registered trade mark, for a […]
BBC -and- Eos27 September 2013In the last week of September, Lindsay Lane appeared in the Copyright Tribunal representing the BBC in a dispute with the collecting society, Eos. Unusually, the Copyright Tribunal was sitting in Wales (in Caernarfon Crown Court) so that a number of witnesses from both sides could give evidence in Welsh, with simultaneous translation. The Copyright […]
Assos of Switzerland SA v ASOS Plc [2013] EWHC 2831 (Ch)19 September 2013Daniel Alexander QC and Andrew Lykiardopoulos recently appeared in the High Court acting for the successful Defendant in Assos of Switzerland SA v ASOS Plc [2013] EWHC 2831 (Ch). The case concerned alleged community trade mark infringement and passing off by ASOS Plc through the use of the mark ‘ASOS’ which was alleged to infringe […]
Bettys and Taylors Group Ltd v Rivington Foods Limited (IPO)13 August 2013Trade Mark Registry Opposition. The well known Betty’s Tearooms of Harrogate, York and Ilkley opposed Rivington Foods Limited’s Application for a UK trade mark for “Chocolately Rascal” for chocolate biscuits. Betty’s opposition was based on its earlier trade marks for “Little Rascal”, “Fat Rascal” and “Yorkshire Fat Rascal” for similar and identical goods. Betty’s had […]
Resolution Chemicals v H Lundbeck A/S [2013] EWCA Civ 92431 July 2013Michael Tappin QC and Mark Chacksfield recently appeared in the Court of Appeal acting for the successful respondent in Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 924. The appeal was brought against the decision of Mr Justice Arnold, in which he held inter alia that Resolution was not estopped from bringing an […]