Monthly Case Update: Jan 2010

Competition
British Sky Broadcasting Group Plc v The Competition Commission [2010] EWCA Civ 2 (Court of Appeal, 21 Jan 2010)
Whether the Competition Appeal Tribunal erred in its review of the Competition Commission’s report on the acquisition by BSB of a stake in ITV’s share capital.

Computer Supply Contracts
BSkyb Ltd v HP Enterprise Services UK Ltd [2010] EWHC 86 (Technology and Construction Court: Ramsey J 26 Jan 2010)
Software house’s liability in contract and tort for customer relationship management system and quantification of damages.

Confidential Information
Blackmagic Design Pty Ltd v Overliese [2010] FCA 13(Fed. Court of Australia: Jessup J)
Senior employee using employer’s confidential information in preparations to establish competing business.

Copyright
Blackmagic Design Pty Ltd v Overliese [2010] FCA 13
Extent of implied licence.

Freedom of Information
Office of Communications v The Information Commissioner [2010] UKSC 3 (UK Supreme Court, 27 Jan 2010)
Scope of exceptions to Environmental  Information Directive and its transposition into English law.

Passing off
Diageo North America, Inc v Intercontinental Brands (ICB) Ltd [2010] EWHC 17 (Ch) (Chancery Div: Arnold J, 19 Jan 2010)
Extended passing off: whether “Vodkat” had been passed off as vodka.

Nutrientwater Pty Ltd v Baco Pty Ltd [2010] FCA 2 (Fed. Court of Australia: Kenny J)
Soft drinks:  whether adoption of features get-up that are common to the industry was actionable.

Patents
Fisher-Rosemount Systems, Inc. IP Office Mr Micklkewright 12 Jan 2010
Excluded matter: whether invention made a technical contribution or related to the invention as such.
See Jane Lambert’s case note.

Medeva BV v The Comptroller [2010] EWHC 68 (Pat) (Patents Court: Kitchin J 27 Jan 2010)
Supplemental protection certificates

Nokia GmbH v Ipcom GmbH & Co KG [2009] EWHC 3482 (Pat) (Patents Court: Floyd J 18 Jan 2010)
Validity and infringement of European patents  relating to mobile phones.

Trade Marks
C398/08 Audi v OHIM (Court of Justice of EU 21 Jan 2010)
Whether “Vorsprung durch Technik” can be registered as a CTM

T460/07 Nokia OYJ v OHIM (Court of Justice of EU, 20 Jan 2010)
Relative grounds for refusal: whether LIFE BLOG confusingly similar to LIFE

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About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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