This month’s briefing covers judgments on design, copyright and data protection issues, as well as remedies. There is also an update on Brexit-related developments ahead of the 31 October deadline.
In Beverly Hills Teddy Bear Company v PMS International Group Plc, His Honour Judge Hacon referred two questions to the CJEU regarding the disclosure of unregistered Community designs.
Nintendo Co Ltd v Sky UK Ltd & Ors develops the case law on website-blocking orders to consider technological protection measures (TPMs) for the first time. Mr Justice Arnold’s judgment found that the general principles applied to trade mark and copyright can be extended to TPMs.
In two unusual cases, judges had to address costs and committal. The former arose in a judgment following the refusal of an application to strike out (Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors) and the latter in a patent and copyright case, where the defendants were alleged to have defied a court order (Price & Ors v Flitcraft Ltd & Ors).
Among several CJEU and General Court judgments in IP and IT cases in September, three are particularly notable for UK practitioners. AMS Neve Ltd, Barnett Waddingham Trustees, Mark Crabtree v Heritage Audio SL, Pedro Rodríguez Arribas, referred from the Court of Appeal, addressed questions regarding jurisdiction in EUTM cases. Google LLC v Commission nationale de l’informatique et des libertés (CNIL) clarified the right to be forgotten, and the extent of a search engine’s responsibility to remove links from search results. AS v Deutsches Patent- und Markenamt involved an application to register a trade mark including a hashtag.
Brexit developments include the UK Supreme Court’s judgment on the prorogation of Parliament and updated guidance on exhaustion of rights from the UK IPO.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.