Tag Archives: infringement

November 21, 2018

ARGOS aggro: UK infringement issues arising from US advertising site

By Eddie Powell of Fladgate

The Court of Appeal for England and Wales was asked to consider a case where 2 companies were using the same name in different territories, both legitimately, but one decided to exploit traffic mistakenly hitting its website by using targeted ads[1]

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Posted in ILN IP Insider
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ILN Today Post
September 12, 2018

Are fees recoverable automatically when you make a “good” offer of judgment?

By Shutts & Bowen LLP

Nope.  The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.

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Posted in News | North America
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August 22, 2018

Nothing beats a good TM LWYR – Nike’s questionable LDNR campaign

By Ben Milloy of Fladgate LLP

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A July 2018 decision of the UK Intellectual Property Enterprise Court (IPEC) appears to have put paid to Nike’s recent “Nothing beats a Londoner” ad campaign. The case highlights, with hindsight, a perhaps regrettable commercial/legal decision by the sports giant, whilst also demonstrating the usefulness of the IPEC as a means of speedy and effective redress in David vs Goliath disputes.

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Posted in ILN IP Insider
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ILN Today Post
January 23, 2018

Trademark Laws: New York

By Davis+Gilbert LLP of Davis & Gilbert LLP

The State Q&A guides on Practical Law provide common questions and answers on state-specific content for a variety of topics and practice areas. This excerpt of a State Q&A addresses New York laws protecting trademarks, including statutes and common law governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. For information on trademark protection in other jurisdictions, visit Practical Law.

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Posted in Legal Updates | North America
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ILN Today Post
May 15, 2017

Harder times ahead for participants to cartels

By Jalsovszky of Jalsovszky Law Firm

It is becoming a practice that companies involved in cartels are being sued by market players who have suffered losses as a consequence of a cartel and now want to recover the extra costs they have incurred. The new provisions based on an EU directive and adopted in Hungarian legislation early this year to help the effectiveness of claims for damages are slowly achieving their objective.

While cartel agreements distort the market and, as a result, may entail severe fines from the competition authority, they also cause damage to other market players and even consumers, who may have to pay higher prices for certain goods and services. Several companies participating in cartels were sued for damages on these grounds in the past, but enforcing claims proved rather cumbersome and complicated. In the last few years it was mainly the victims of public procurement cartels who tried to be compensated for the losses they sustained, but in most cases these proceedings were not a complete success.

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Posted in Europe | Legal Updates
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