IP Snapshot - September 2012

TRADE MARKS AND PASSING OFF Starbucks (UK) Ltd v British Sky Broadcasting Group Plc & Others [2012] EWHC 1842 (Ch), 29 June 2012 The High Court has refused to grant a stay of proceedings for infringement of a Community Trade Mark under Article 104(1) of the CTM Regulation where there were parallel proceedings before OHIM. The High Court found that there were special grounds for refusing a stay, in particular as the OHIM proceedings were likely to be prolonged. Conversely, the Court granted expedition of the infringement claim. The Court gave special consideration to the fact that the respondent's imminent launch of its rival service under the allegedly infringing trademark would surmount the claimant's goodwill. For the full text of the decision, click here. Woolley & anor v Ultimate Products Ltd & anor [2012] EWCA Civ 1038, 26 July 2012 The Court of Appeal has upheld the decision of the High Court, which found that the defendants were liable for passing off their watches as those of the claimants by virtue of use of the name HENLEYS. This case serves as a useful example of the flexibility of the tort of passing off. Decisions are highly fact dependent making it easier for judges to distinguish previous judgments and hence the court is afforded a broad discretion in such cases. For the full text of the decision, click here. COPYRIGHT R v Anton Benjamin Vickerman [2012] Newcastle Crown Court. Indictment No. T20097188, 14 August 2012 In the latest of a series of cases considering the liability of individuals who operate websites providing links to unauthorised copyright content, the defendant was convicted of two offences of conspiracy to defraud and given two concurrent sentences of four years. The defendant in this case operated the website 'Surf the Channel', which contained links to films, television programmes and popular music to be downloaded or streamed by internet users. The vast majority of the content made available through the website infringed copyright. The sentencing remarks of His Honour Judge John Evans criticise the defendant's actions mainly in relation to the links to films – in March 2009 there were in excess of 5,500 such links. The defendant's assertion that he believed that what he was doing was lawful was rejected. For the full text of the decision, click here. PATENTS International Stem Cell Corporation BL O/316/12, 16 August 2012 An IPO hearing officer has ruled on the patentability of two inventions relating to the...