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Tuesday Miscellany


1 None to a greater extent than fleet than Fleet Street

's re-create of Sweet & Maxwell's Fleet Street Reports for August 2005 has reached him amongst remarkable speed, given that July's non yet a calendar week old. This resultant contains reports on Schering Corp v Cipla Ltd (Laddie J on whether a asking to resolve a patent dispute amicably constituted an infringement to which a threat of litigation could justifiably hold upward made), Jagger v Decca Music Group Ltd (Pumfrey J on the important of the words "in connector with" inward the arbitration clause inward a copyright royalty agreement) too Cambridge Antibody Technology Ltd v Abbott Biotechnology Ltd (Laddie J on rectification of a patent licence for mistake).

Sir Hugh Laddie: oftentimes bored, it seems, but never boring

2 Angst-ridden LLM student: a Doctor Writes

Joint IPKat Blogmeister Jeremy received an electronic mail from an anxious LLM student, who complained that he was struggling to give short, concise answers to exam questions rather than developing the themes inward an analytical manner. The pupil felt, inward short, psychologically unfulfilled. Dr Jeremy has replied that, if the pupil seeks fulfilment, he is best advised obtain it yesteryear writing example notes or articles, rather than through the inherently unsatisfying medium of the police line exam. He likewise notes that, inward the existent world, legal advice is by too large given to satisfy the needs of a customer rather than to gratify the intellectual needs of the lawyer. Such gratification should non hold upward procured at the client's expense.



3 Influenza A virus subtype H5N1 process for Thursday, from the ECJ

Merpel says, don't forget what's coming upward from the European Court of Justice this Thursday. Judgment is expected in


* Case C-418/02 Praktiker Bau- und Heimwerkermärkte (on the registrability of merchandise marks for the retail sales services) and

* Case C-353/03 Nestlé, on ascertaining the distinctiveness of a slogan such equally HAVE Influenza A virus subtype H5N1 BREAK, where the applied-for mark's distinctiveness is allegedly derived from its purpose inward a slogan (HAVE Influenza A virus subtype H5N1 BREAK ... HAVE Influenza A virus subtype H5N1 KIT-KAT) inward which the words KIT-KAT are themselves a well-known mark.
4 Amazon sued for copyright infringement

Not the Perfect defendant

chortled at the imagery conjured upward yesteryear this headline, which he institute on Findlaw. Sadly, the accused inward this example is no woman individual warrior but the online mass sales fellowship which has been giving visitors to its site a costless peep at naughty images that Beverly Hills-based Perfect 10 Inc. charges its subscribers $25 a calendar month for. Influenza A virus subtype H5N1 similar adjust is pending against Google. Both actions are nevertheless at the regain stage, it seems.
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Hot Off The Press

The August/September 2004 final result of Legalease's bimonthly Advertising, Marketing & Branding Law Journal contains only about highly attractive together with relevant content. Features inward this final result include * "Copyright -- No Laughing Matter" past times prize-winning essayist Timothy Pinto (Taylor Wessing), on the set of parodies nether copyright law; * "Infringement -- Divine Inspiration" past times Andy Korman (Hammonds), on ways of ambush marketing ("Shame" says the IPKat); * Internet -- All Keyed Up" past times Christopher Kelly (Wiley, Rein & Fielding) on recent illustration constabulary on the role of keywords inward cyberspace advertising; * "EU regulations -- that's together with thus unfair" past times Phil Murphy of the Advertising Association, on developments relating to the Unfair Commercial Practices Directive.
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Plumber's Illustration Non Then Watertight

Paul Davidson, the trader known equally "the Plumber", is appealing against a High Court summary judgment that he breached his fiduciary duties to a society which held the patent to a revolutionary pipe-fitting device. The breach resulted from his component subdivision at Easyrad, where he held a 52% stake. Davidson was sued past times other owners of Easyrad, afterwards he sold a patent belonging to Easyrad to some other company, Oystertec before its flotation inwards 2001. Davidson was a manager of Oystertec at the float, exactly has since stepped down. The claimants alleged Davidson pulled out of a care to pay them for their part of the patent ownership. The judgment says it is clear from correspondence "they were willing to surrender their shares inwards Easyrad for a global compensation inwards the part of £715,000". Davidson allegedly sold the patent to Oystertec for a nub believed to hold out £3m, exactly refused to compensate the other owners. Davidson is ne...
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