Significant cases
IP
- A Ltd v B Bank CA
- Altecnic v Reliance
Court of Appeal case which remains the leading case on amendment of trade mark applications [2002] R.P.C. 34
- Arsenal v Reed
[2003] RPC 39
- Baigent v Random House Group
High profile case surrounding alleged copying in the Da Vinci Code [2007] F.S.R. 24
- C Plc v P and O Ltd v Z
Cases concerning the scope of the privilege of self incrimination in the context of search orders [2006] Ch 549 and [2005] EWHC 238 (Ch)
- Football Association Premier League Ltd v QC Leisure
Case concerning the reception of foreign broadcasts of football matches [2008] FSR 32
- Hershey Foods Corporation v OHIM
Court of First Instance decision relating to evidential matters [2003] ETMR 62
- LABORATOIRE DE LA MER
Important Court of Appeal authority on the level of use required for there to be “genuine use” of a trade mark under the Trade Mark Directive and whether such use had to be at the retail level [2006] F.S.R. 5
- LIFFE v Pinkava
Seminal Court of Appeal case on ownership of inventions between employer and employee [2007] RPC 30
- Miguel Torres v Cantine Mezzacorona
A Court of Appeal authority on the interaction of wine labelling regulations and trade mark rights [2005] ETMR 39
- Pearce v Ove Arup
Pearce v Ove Arup [2000] Ch 403 CA - Proctor & Gamble v Reckitt Benckiser
[2006] EWHC 3154; [2007] EWCA Civ 936
- Re Symbian’s Patent
Leading Court of Appeal decision on software patentability [2009] RPC 1
- Reed Executive Plc v Reed Business Information
Leading early Court of Appeal case concerning trade mark infringement on the internet [2004] R.P.C. 40
- Sabaf v Meneghetti
Leading House of Lords authority concerning the meaning of “invention” where multiple known features are combined [2005] RPC 10
- Sawkins v Hyperion Records Limited
[2005] 3 All ER (C.A.), [2005] 1 W.L.R. 3281
- Sportswear v Ghattaura and ors
Important Court of Appeal case concerning whether a defence of an anti-competitive practice under Article 81 EC Treaty could provide a defence to a trade mark infringement action [2006] E.T.M.R. 66
- St Gobain PAM SA v Fusion Provida Ltd
- Sun Microsystems v M Tech and others
An important case on the validity of the exercise of trademark rights against imports from outside the EEA [2010] ETMR 13
- T439/06 Electronic trading system/REUTERS
Important EPO Technical Board of Appeal proceedings concerning the application of the principle of proportionality in restitutio proceedings [2008] EPOR 8
- Union of European Football Associations (UEFA) v Euroview Sport Ltd [2010] EWHC
- Woodhouse v Aquila
First reported case under the ‘new’ law and associated UK unregistered design rights [2006] RPC 1
IT
Media & Entertainment
Animatrix v O’Kelly
Court of Appeal decision on principles applicable to grant of declaratory relief where there has been no hearing on the merits
Badfinger Music v Evans
Involves the right of a defaulting fiduciary to claim equitable remuneration and expenses. [2002] E.M.L.R. 2
Baker Book House and others v Amue
An application for summary judgment for infringement of literary copyrights on website which Amanda Michaels acted for the successful claimants. March 2008, unrep.
Bamgboye v Reid
What shares in copyright do joint authors get? [2004] EMLR 61
GMG Radio Holdings Limited v Tokyo Project Limited
This was a claim for an interim injunction in an unusual passing off action, relating to the use of a style of illustration in relation to music CDs and club nights in which Amanda Michaels acted for the successful defendants. [2006] F.S.R. 15
Masquerade Music Ltd v Springsteen
Court of Appeal decision on secondary evidence in the context of a copyright infringement claim [2001] E.M.L.R. 25
Phonographic Performance Limited v Maitra
[1998] 1 W.L.R. 870; [1998] F.S.R. 749
Phonographic Performance Ltd v Reader
Damages for infringement of sound recording copyright which was also a contempt of court. [2005] F.S.R. 42:
Chancery & Commercial
Alkin v (1) Raymond and (2) Whelan
Badfinger Music v Evans
Involves the right of a defaulting fiduciary to claim equitable remuneration and expenses. [2002] E.M.L.R. 2
C Plc v P and O Ltd v Z
Cases concerning the scope of the privilege of self incrimination in the context of search orders [2006] Ch 549 and [2005] EWHC 238 (Ch)
Child Maintenance and Enforcement Commission v (1) Beesley and (2) Whyman
Department of the Environment v Feakins
Court of Appeal authority on defrauding creditors [2005] EWCA Civ 1513
Dyno-Rod v Reeve
High Court decision concerning enforcement of restrictive covenant against former franchisee [1999] F.S.R. 148
Gotham v Doodes
Court of Appeal decision concerning insolvency procedure [2007] 1 WLR 86
Green v Lord Somerleyton
Court of Appeal case on nuisance caused by a natural event [2004] 1 P & C R 33
Hale v Norfolk County Council
Concerned with when land could be presumed to have been dedicated to highway. [2001] CH 717
Hanchett-Stamford v Attorney General
What happens to the property of unincorporated associations when there is only one surviving member? [2009] Ch. 173
Harrington v Bennett
Important decision regarding section 335A of the Insolvency Act [2000] BPIR 630
Huddersfield Fine Worsteds Ltd
Significant Court of Appeal cases on priority in administration [2005] BCC 915
Malory Enterprises Ltd v Cheshire Homes (UK) Ltd
Court of Appeal decision concerning the detail of the land registration regime [2002] Ch 216
Musawi v RE International (UK) Ltd
A case about the proper law of contracts and arbitrations. [2008] 1 Lloyd's Rep. 326
National Westminster Bank plc v Kapoor [2011] EWCA
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P&S Platt Ltd v Crouch
Court of Appeal case concerning pre-contractual negotiations in conveyancing [2004] 1 P & C R 18
Re Looe Fish Ltd
Decision concerning breach of directors’ duties [1993] BCC 348
Re Marann Brooks CSV Ltd
Authority on application of Insolvency Proceedings Regulation to public interest winding up petitions [2003] BCC 239
Secretary of State for Trade and Industry v Hollier
A case considering whether a person is a de facto director of a company.
Contact
For all queries related to cases, please contact Catherine Hanley,
Telephone +44 (0)20 7404 0404
Facsimile +44 (0)20 7404 0505
email: chanley@hogarthchambers.com
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