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The Global Economy Demands Consistent Judicial Decision Making

A global economy requires global consistency in legal decision-making and English judges are very reluctant to go behind the rulings of foreign courts – however much they may disagree with them. In one such case, the High Court refused to order enforcement of an arbitration award that had been overturned by a Russian judge. The case concerned a dispute...

Victoria’s Secret Wrests Confusing Web Address from Beauty Therapist

International brands require huge investment to establish and traders, big and small, cannot expect to get away with taking unauthorised advantage of their goodwill. In one case exactly on point a beauty therapist incurred the wrath of US lingerie giant Victoria’s Secret, by christening her website with a confusingly similar name. The therapist had named her...

Clothing Company Wins Right to Trade Mark Internet Blogger’s Pseudonym

Online bloggers can build up phenomenal followings that can be monetised through advertising and endorsements. In a guideline decision, the Intellectual Property Office (IPO) has considered the extent to which their names, or very often the pseudonyms under which they operate, can be protected by trade marks. The case concerned a young blogger who, going under a...

Dairy Firm Discovers Pitfalls of Failing to Protect Its Online Presence

Websites are an essential part of almost all businesses nowadays, but it is surprising how often they do not take basic steps to protect their online presence. In one case, a dairy firm found itself in difficulty after discovering that its Internet domains were registered in the name of one of its delivery drivers. The driver had set up the firm’s website...

Evidence Overkill Incurs Judge’s Wrath

The general rule with regard to legal costs in litigation is that the winner’s legal fees are paid by the loser. However, in a recent case a judge who thought that a firm had gone too far by producing 2,000 pages of ‘largely irrelevant’ evidence produced a scathing commentary, including the comment that ‘the practices that were followed...

‘Grey Market’ in Trademarked Goods Is Illegal, Supreme Court Rules

The so-called ‘grey market’ in genuine branded goods, the sale of which is prohibited by trade mark proprietors for quality control or other reasons, is just as illegal as trading in counterfeits, the Supreme Court has ruled in an important test case. The case concerned the pending prosecution of three traders who were alleged to have engaged in the bulk...