Passionate about IP! Since June 2003 the IPKat has covered copyright, patent, trade mark, designs, info-tech and confidentiality issues from a mainly UK and European perspective. Read, post comments and participate!

The team is Eleonora Rosati, Annsley Merelle Ward and Merpel. E-mail the Kats here!

The team is joined by GuestKats Kevin Bercimuelle-Chamot, Jocelyn Bosse, Alessandro Cerri, Anastasiia Kyrylenko, Marcel Pemsel and Anna Maria Stein.

SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Antonios Baris (Book Review Editor), Rose Hughes (PatKat) and Chijioke Okorie (Africa Correspondent).

InternKats: Asude Sena Moya and Söğüt Atilla.
Home / Jeremy Phillips / STOP PRESS: NO ECJ IN O2 BUBBLES CASE

STOP PRESS: NO ECJ IN O2 BUBBLES CASE

-

An application to refer questions to the European Court of Justice for a preliminary ruling has just been refused today by the Vice-Chancellor, Sir Andrew Morritt, in O2 Holdings Ltd and another v Hutchison 3G UK Ltd [2005] EWHC 344 (Ch).

The IPKat doesn't have a transcript to hand, but will blog this in full as soon as he can. The bottom line is that, since the defendant in trade mark infringement proceedings won't need to argue his defence of comparative advertising if his counterclaim that the claimant's marks are invalid is successful, it would be premature to refer questions relating to that defence to the ECJ now.

STOP PRESS. Transcript now available on BAILII - but no time to read it. A full blog will follow.
STOP PRESS: NO ECJ IN O2 BUBBLES CASE STOP PRESS: NO ECJ IN O2 BUBBLES CASE Reviewed by Jeremy on Friday, March 11, 2005 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: http://ipkitten.blogspot.com/p/want-to-complain.html

Subscribe to: Post Comments ( Atom )
Powered by Blogger.