Infringement in UK Law
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C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
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My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.
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Interflora Inc. (a company incorporated under the laws of Michigan, United States) and Another v Marks and Spencer Plc
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To the contrary, if, having regard to the perceptions and expectations of the average consumer, the court concludes that a significant proportion of the relevant public is likely to be confused such as to warrant the intervention of the court then we believe it may properly find infringement.
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Compass Publishing BV v Compass Logistics Ltd
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In the former situation, the court must consider notional use extended to the full width of the classification of goods or services. In the latter it must consider notional use on a scale where direct competition between the proprietor and the alleged infringer could take place.
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Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
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In my judgment it follows from the foregoing considerations that it does not constitute bad faith for a party to apply to register a Community trade mark merely because he knows that third parties are using the same mark in relation to identical goods or services, let alone where the third parties are using similar marks and/or are using them in relation to similar goods or services. The applicant may believe that he has a superior right to registration and use of the mark.
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Norwich Pharmacal Company v Commissioners of Customs and Excise
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They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.
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Unilin Beheer BV v Berry Floor NV
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Now it is true that in an inquiry as to damages or account of profits the patentee is allowed to claim relief for types of alleged infringement not ruled on by the trial court. This saves the formal issuance of fresh proceedings in respect of these and is permitted as a matter of convenience, see General Tire v Firestone [1975] RPC 203 at p.207).
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Synthon BV v Smithkline Beecham Plc (No.2)
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If I may summarise the effect of these two well-known statements, the matter relied upon as prior art must disclose subject-matter which, if performed, would necessarily result in an infringement of the patent. That may be because the prior art discloses the same invention. In that case there will be no question that performance of the earlier invention would infringe and usually it will be apparent to someone who is aware of both the prior art and the patent that it will do so.
- The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 2010
- Olympics Association Right (Infringement Proceedings) Regulations 1995
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Copyright, Designs and Patents Act 1988
... ... 2003/2498), reg. 6(2) (with regs. 31-40) ... 17: Infringement of copyright by copying ... (1) The copying of the work is an act restricted by the copyright in every description of copyright work; and ... ...
- Intellectual Property Act 2014
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Copyright in a networked world: ethics and infringement
The statutes themselves are not the only basis for deciding whether an intellectual property rights infringement has occurred. Ethical judgments can also influence judicial rulings. This column loo...
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Commentary: Estimating Patent Infringement Damages. A CRITIQUE OF THE YARDSTICK APPROACH
A brief critique of the so‐called yardstick approach to assessing damages resulting from patent infringement which not only informs product managers whose responsibilities may include assisting leg...
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Early warning of risks of copyright infringement in digital library based on extension theory
Purpose: – The purpose of this study is to evaluate the potential risks of copyright infringement in digital library based on the extension theory. Design/methodology/approach: – At first, the ana...
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Signalling ‘compliance’: The link between notified EU directive implementation and infringement cases
Research on member states’ compliance with European Union legislation often focuses on the timing of self-reported implementation measures. It is generally assumed that the earlier a member state a...
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European Commission Pursues Infringement Proceedings Against UK
On October 29, 2009, the European Commission (the “Commission”) proceeded to the second phase of infringement proceedings against the UK relating to the UK’s implementation of EU e-privacy and pers...
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United Kingdom confectionary retailer criminally liable for trade mark infringement
A small Welsh retailer, Sweet 66, and its owner have been found guilty of trade mark infringement offences by selling Wonka branded chocolate bars. Wonka, of course is the name of the fictional cho...
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Online Behavioral Advertising: European Commission launches infringement proceedings against the UK
Following numerous complaints about the use of behavioral advertising technology by internet service providers, the European Commission (the “Commission”) launched infringement proceedings against ...
- Free From Infringement!
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Restricted limitation decree
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... of Special Drawing Rights, ... in respect of the loss, damage and delay caused to any property or to the infringement of any rights ... through the claimants’ act or omission or through the act or omission of any person on board ... the vessel (give name) ... in ... ...
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General limitation decree
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... Special Drawing Rights, in respect of the loss, damage and delay caused to any property or to the ... infringement of any rights through their act or omission or through the act or omission of any person ... on board the vessel (give name) ... in the navigation or ... ...