The February 2004 isue of Sweet & Maxwell's Fleet Street Reports contains reports on five UK intellectual property cases. One of them, Miller Brewing Company v The Mersey Docks and Harbour Company, returns to a topic of practical importance: where a trade mark owner applies for the delivery up of infringing goods (in this case MILLER beer) and serves notice of his application against all parties involved in the infringement including an innocent third party who is storing the goods, who has to pay the costs? Should it be the innocent third party or the equally innocent trade mark owner? Another fascinating case reported in the same issue is Coflexip v Stolt Offshore (No. 2), in which Mr (now Lord) Justice Jacob affirmed that, where an enquiry into damages has been ordered, a patent infringer is estopped from denying the validity of a successful claimant's patent even where that patent has been subsequently held invalid in proceedings, which were under appeal, involving another defendant.
LATEST IP REPORTS LATEST IP REPORTS Reviewed by Jeremy on Tuesday, February 10, 2004 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here:

Powered by Blogger.