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Intellectual Property Decisions
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Articles for October 1999
22092 SmithKline Beecham Biologicals SA v Connaught Laboratories Inc
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01 October 1999
Mr A Waugh QC and Mr A Speck (Stringer Saul) for the appellant petitioner; Mr R Henderson QC and Mr D Alexander (Herbert Smith) for the respondent.
per
The Lord Chief Justice, giving judgment of the..
22093 Kimberly-Clark Worldwide Inc v (1) Procter & Gamble Limited (2) The Procter & Gamble Company
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01 October 1999
Mr A Watson QC and Mr T Mitcheson (Bristows) for the claimant; Mr S Thorley QC and Mr C Birss (Simmons & Simmons) for the defendants.
Background
Prior to the Patents Act 1977, a patentee seeking to..
22094 Kenneth Francis Prendergast
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01 October 1999
Mr D Alexander for the Patent Office; Dr Kenneth Prendergast appeared in person.
Background
The applicant appealed against the Hearing Officer’s refusal to grant four patent applications on the grounds that there was inadequate support for the..
22095 E I du Pont de Nemours and Company (European Patent Application No 90120556.7)
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01 October 1999
Representation not quoted.
Background
The applicant appealed against the decision of the Examining Division refusing the application on obviousness grounds in relation to claim 1 and its subordinate claims 2 to 12.
The invention was directed to a..
22096 Ecolab Inc (European Patent Application No 92901186.4)
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01 October 1999
Representation not quoted.
Background
The applicant appealed against the decision of the Examining Division refusing the application for lack of inventive step over D1 in that the lubricants claimed in the application were merely a selection from..
22097 Mars UK Limited v Teknowledge Ltd
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01 October 1999
Mr M Silverleaf QC and Mr R Arnold (Clifford Chance) for the claimants; Mr M Vanhegan (Blakesley Rice MacDonald) for the defendants.
Background
The claimants, having lost their breach of confidence action, did not accept that they..
22098 (1) MCA Records Incorporated (2) MCA Records Limited v (1) Charly Records Limited (2) Charly International APS (3) Charly Holdings Incorporated (4) Jean Luc Young (5) Charly Records (UK) Limited
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01 October 1999
Mr J Baldwin QC (Russells) for the claimants; Mr N Merriman QC (Fox Williams) for the fourth defendant; the remaining defendants did not appear and were not represented.
Background
Mr Young, the fourth defendant in a copyright..
22099 Oral-B Laboratories (Registered Trade Mark Application No 1589316); Opposition (No 44495) by Wisdom Toothbrushes Limited AND Wisdom Toothbrushes Limited (Registered Trade Mark Application No 2006229); Opposition (No 44778) by The Gillette Company and Oral-B Laboratories
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01 October 1999
Mr C Morcom QC (Bristows) for Gillette, the appellant in the second opposition and the respondent in the first; Mr G Burkill (Needham & Grant) for Wisdom, the appellant in the first opposition and the..
22100 Beautimatic International Limited v (1) Mitchell International Pharmaceuticals Limited (2) Alexir Packaging Limited
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01 October 1999
Miss J Jones (Sherringtons) for the claimant; Mr J Graham (Collyer-Bristow) for the defendants.
Background
Beautimatic was the registered proprietor of the mark LEXUS for ‘soaps, perfumes, toilet preparations; essential oils; cosmetics; hair lotions; all included in..
22101 Club Europe Holidays Limited (Registered Trade Mark Application Nos 1360373 and 1360579); Oppositions (Nos 41936 and 41935) by British Airways Plc
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01 October 1999
Mr G Hobbs QC (Denton Hall) for the applicant; Mr J Mellor (Linklaters & Paines) for the opponent.
Background
The applicant (‘CEH’
) appealed against the Registrar’s decision (17 August 1998) upholding the provisional registration granted in Part..
22102 Wilhelm Kaimann (Registered Trade Mark Application No 20457617); Opposition (No 45847) by La Chemise Lacoste
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01 October 1999
Mr P Charlton (Elkington & Fife) for the applicants; Mr D Harrison (Mewburn Ellis) for the opponents.
Background
The applicants applied to register the mark shown below in respect of a whole range of goods relating to..
22103 Kabushiki Kaisha Namco (Namco Limited) (Registered Trade Mark Application No 2068253); Opposition ( No 45735) by The Edge Interactive Media Inc and The Edge Interactive Media Limited
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01 October 1999
Mr M Edenborough (Mewburn Ellis) for the respondent; the appellant did not appear and was not represented.
Background
The opponents had appealed against the Registrar’s decision (24 November 1998) giving leave for the applicant to file evidence..
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