IP Snapshot - May 2010

Bringing you monthly news of key developments in intellectual property law

Interflora, Inc. Interflora British Unit v Marks and Spencer PLC Flowers Direct Online Limited, [2009] EWHC 1095 (Ch), 22 May 2009 /[2010] EWHC 925 (Ch), High Court, 29 April 2010

The High Court had previously referred a number questions about Google AdWords and registered trade marks to the ECJ, adding to the numerous referrals from other European courts on the same subject.

Since the ECJ's decision in the Google France cases, the ECJ had asked for clarification as to whether the High Court still sought guidance on the issues referred. The High Court agreed to withdraw all of the questions relating to the liability of Google, but the questions relating to the liability of the advertiser/competitor remain.

For the full text of the decision, click here .

Peek & Cloppenburg and van Graaf GmbH & Co KG v OHIM, Case T-361/08, The General Court, 21 April 2010

The General Court has dismissed an appeal against a decision by OHIM Board of Appeal that held that that there was no likelihood of confusion between two figurative peacock marks for clothing.

The General Court held that although there is a possibility the marks are conceptually similar; this was not enough to create a likelihood of confusion in the minds of the relevant public.

For the full text of the decision, click here .

Football Dataco Limited & Ors v Brittens Pools Ltd [2010] EWCH 841 (CH), High Court

The High Court has given an interesting ruling on the intellectual property rights subsisting in the English and Scottish football league fixture lists, finding that such lists, while not capable of protection by database right, do enjoy protection as copyright works.

To see our full Law-Now on this decision, click here .

Fundación Gala-Salvador Dalí v Société des auteurs dans les arts graphiques et plastiques (ADAGP) and others, European Court of Justice, 15 April 2010

The ECJ has held that the EU Directive on artists' resale rights does not preclude a French law providing that, on the death of the artist, the resale right will pass to the artist's heirs, to the exclusion of legatees or other successors in title.

For the full text of the decision, click here .

Schütz (UK) Ltd v (1) Werit UK Ltd (2) Protechna SA [2010] EWHC 660 (Pat), High Court, 31 March 2010

The act of replacing an inner bottle in a product where the outer cage element was patented was held not to constitute infringing by making.

The relevant...