The Spanish Supreme Court has concluded that it is not appropriate to waive the Court jurisdiction from the defendant’s domicile (in this case Italy), which had ruled against the claimant, by creating a link with another entity that it is domicile in another European country (in this case Spain), when that connection is not sufficiently…

Lionsgate and Dirty Dancing Lionsgate Entertainment Inc. owns the rights to the film Dirty Dancing, released in 1987. The film is iconic for its dance scenes and its message of love conquering everything. It has earned hundreds of millions from box office and DVD sales. Lionsgate and their licensees have released many other works, products…

  After some 10 years, the Lambretta saga has finally come to an end, but it might not really matter that much… anymore. LAMBRETTA is a famous vintage brand for scooters, which has been acquired by Scooters India Ltd (yet another famous European vehicle brand that has landed in India). While the scooters as such have not…

World of Warcraft (WoW) is a massively multiplayer online role-playing game (MMORPG) released in 2004 by Blizzard Entertainment. World of Warcraft takes place within the fantasy Warcraft world of Azeroth. Alone or together with others the player has to solve quests in order to level up and have more possibilities. Since some of these quests…

Nvidia Corp v Hardware Labs (GTX) [2016] EWHC 3135 Ch For manufactures of steam engines in the late 19th century, tactics of systematically threatening to sue your competitors’ customers for infringement of intellectual property rights were fair game. Nowadays, businesses in the UK have to contend with the laws on unjustified threats which prohibit such…

  Known to many, there is a recent judgment of the CJEU confirming that, if likelihood of confusion exists in only part of the EU, the EUTM is not infringed in the other part – which must be exempted from an injunction. Less known to most, there is a pending reference to the Court of…

The Czech Supreme Court has recently confirmed that it is an act of unfair competition to file a take-down notice to a social media network claiming intellectual property infringement while omitting further relevant information. The court ordered the defendant to make a submission to the social media network withdrawing the take-down notice and to pay…

On 18 October 2016, His Honour Judge Hacon (‘Hacon’) handed down his decision in AMS Neve Limited v Heritage Audio S.L. [2016] EWHC 2563 (IPEC). This concerned an application, under the Civil Procedure Rules Part 11, by the Spanish defendant ‘Heritage’ for a declaration that the English Courts do not have jurisdiction to try the…

A recent Supreme Court judgement in the Dalí case shows clear respect for trademarks but raises some questions regarding image. A great many brands have used in their advertising campaigns the images of people who, despite no longer being alive, continue to have considerable selling power. There are even marketing studies which show that advertising…

Royal Copenhagen, the Danish porcelain company, claimed infringement by Porsgrund AS (hereafter Porsgrund) as it considered the Norwegian porcelain dinner service company’s dinner service sets called ‘MaxiStrå blå’ to constitute a violation of Royal Copenhagen’s rights to the porcelain dinner service sets called ‘Blue Fluted Mega’. Royal Copenhagen claimed infringement under the Danish Trademark Act,…