Wednesday, 27 May 2015

Whisky Galore

Whisky Galore - Whyte and MacKay Ltd v Origin Wine UK Ltd  is another piece I am reposting (well, just posting a link to: rather different) by Jane Lambert. One of those problems that is inevitable with the use of weak trade marks I think.

In defence of my use of the same headline as Jane, of course it was coined originally by a famous fellow West Hartlepudlian, who as well as being an author was also a founder of the SNP - reinforcing, perhaps, the argument that northern England should be allowed to choose whether to go with its close neighbours on the other side of the border rather than its more remote neighbours in London.

Tuesday, 26 May 2015

Court of Appeal will not interfere with settlement agreement, adopts broad(ish) interpretation

H&M's underwired bras get no support from Court of Appeal, reports Jeremy under a typically inspired headline on PatLit: the patent litigation weblog. No point in my repeating what he has already done so well ... 

What was this all about? An infringer squirming uncomfortably, trying to grasp at the one straw within its reach, perhaps - it certainly looks like it. Interesting to note (though it is perfectly logical if you stop to think about it) that if the patent holder establishes that the settlement agreement precludes a validity challenge by the infringer, it loses the possibility of alleging infringement and is left with an action for breach of the settlement agreement. Also interesting to note that the court will adopt a fairly broad view of what the agreement means - as it did not specify what test should be used, any conventional test could be applied. That surely accords with what the patentee must have had in mind when the agreement was made, and the infringer should have realised that they would not be let easily off the hook by agreeing to terms that favoured them.

Monday, 25 May 2015

Issue. Rule. Analysis. Conclusion.

Legal Solutions Blog What Law School Didn’t Teach You: Observations from ACC’s Corporate Counsel University

Ask any lawyer what “IRAC” means, and s/he will instinctively recite this law school mantra: Issue.  Rule.  Analysis.  Conclusion.  Identify the multitude of issue(s) that are present in a fact pattern; identify the applicable rules or regulations; analyze the respective facts against said rules; and voila– a legal conclusion. - See more at:

Saturday, 23 May 2015

Online course on commercialisation of IP from EPO

The European Patent Office offers "virtual classroom lessons" on Commercialisation of IP. Why, I don't know - it's a worthy enough subject, but why should a public institution be moving outside its core function to provide education in competition with many private-sector organisations, which pay the taxes that (presumably - though perhaps it is run entirely out of operating revenue) keep the EPO going? And even if you think it is legit for such an institution to be running courses, why commercialisation rather than something that the institution actually does? You'd have thought it would concentrate first on ensuring that people understood its own operations, how to draw up applications, and the substantive law of the Convention and supporting instruments. Still, it could be interesting and is certainly not expensive.

NIPC Law: Be careful for what you wish for when seeking an interim injunction.

Another reposting from Jane Lambert's blog: NIPC Law: Be careful for what you wish for when seeking an i...: Jane Lambert Whenever a court grants an interim injunction, or a respondent offers an undertaking, to do or refrain from ...

Monday, 18 May 2015

Monopoly power in the Eighteenth Century British Book Trade

As much to ensure I don't overlook it as to bring it to your attention, here is a link to an interesting-looking paper by David Fielding (Department of Economics, University of Otago, New Zealand) and Shef Rogers (Department of English and Linguistics, University of Otago, New Zealand) entitled Monopoly power  in the Eighteenth Century British Book Trade and therefore deeply involved with the origins of copyright law.

'via Blog this'

NIPC Law: Wrapped up: Everseal Stationery Products Ltd v Document Management Solutions Ltd

Another reposting from my friend Jane Lambert's excellent NIPC Law blog.  Everseal Stationery Products Ltd v Document Management Solutions Ltd. and Others  [2015] EWHC 842 (IPEC) (1 April 2015) is a patent case from the Intellectual Property Enterprise Court, following a hearing a couple of years ago in which the defendant failed to get a declaration of non-infringement. No new law in it, as Jane observes, but a good illustration and possibly a case to mention in a skeleton argument. As my task for today involves working on the IP module of the University (formerly College) of Law's LPC, that has given me an idea ...

Saturday, 16 May 2015

Appropriation art: weekend reading

"On Art Attacks: At the Confluence of Shock, Appropriation, and the Law" is a paper by my friend and fellow runner, Rachel Buker (see My Running Friends in the Law in the sidebar) which I just came across (via her posting in the Art and Artifice blog) and am looking forward to reading, but which I wanted to draw to the attention of my reader ...

Thursday, 14 May 2015

NIPC Law: Red Berries - Bodo Sperlein Ltd v Sabichi Ltd

Assessing whether copyright has been infringed in the absence of direct evidence: Reposting from NIPC Law: Red Berries - Bodo Sperlein Ltd v Sabichi Ltd [2015] EWHC 1242 (IPEC) (8 May 2015).

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