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Intellectual Property Decisions
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Articles for March 2004
27027 (1) SmithKlineBeecham plc (2) GlaxoSmithKline UK Ltd v (1) Apotex Europe Ltd (2) Neolab Ltd (3) Waymade Healthcare plc AND (1) Apotex Europe Ltd (2) Neolab Ltd (3) Waymade Healthcare plc v (1) Beecham Group plc (2) SmithKlineBeecham plc
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01 March 2004
Mr A Waugh QC, Mr J Turner and Mr G Pritchard (Simmons & Simmons) for the SKB parties; Mr C Birss and Mr T Mitcheson (Taylor Wessing) for the Apotex parties.
Background
There were three issues arising..
27021 (1) Istituto Gentili SpA (2) Merck & Co Inc v (1) Teva Pharmaceutical Industries Ltd (2) Arrow Generics Ltd (3) Generics UK Ltd
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01 March 2004
Mr D Young QC and Mr T Hinchliffe (Lovells) for the appellants; Mr S Thorley QC and Mr M Tappin (Bird & Bird) for the first respondent, (S J Berwin) for the second respondent and..
27022 Ultraframe (UK) Ltd v (1) Gary John Fielding (2) Sally Anne Fielding (3) The Burnden Group plc
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01 March 2004
Mr A Hochhauser QC, Mr S Mortimore QC, Mr A Speck and Mr M Griffiths (Eversheds LLP) for the appellant; Mr D Oliver QC and Mr I Purvis (Addleshaw Goddard) for the respondents.
Per Waller LJ..
27024 Cantine Mezzacorona SCARL’s application; opposition by Miguel Torres SA
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01 March 2004
Mrs M Heal (Herbert Smith) for the appellant opponent; Mr G Tritton (Laytons) for the respondent defendant.
Background
The opponent appealed against the Hearing Officer’s decision to uphold the application to register MEZZACORONA (Italian for half crown)..
27025 Mars UK Ltd v Société des Produits Nestlé SA
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01 March 2004
Mr M Bloch QC (Clifford Chance) for the appellant; Mr G Hobbs QC (Bird & Bird) for the respondent.
Background
Nestlé had sought registration in class 30 for ‘sugar confectionery’
of a 3D shape represented by a..
27028 SmithKlineBeecham parties v Apotex parties
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01 March 2004
Mr A Waugh QC, Mr J Turner and Mr G Pritchard (Simmons & Simmons) for the SKB parties; Mr C Birss and Mr T Mitcheson (Taylor Wessing) for the Apotex parties.
Interim costs
At trial, the SKB..
27029 SmithKlineBeecham parties v Apotex parties
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01 March 2004
Mr A Waugh QC, Mr J Turner and Mr G Pritchard (Simmons & Simmons) for the SKB parties; Mr C Birss and Mr T Mitcheson (Taylor Wessing) for the Apotex parties.
Inquiry as to damages
Held:
It went..
27030 R v Allen Martin Passley
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01 March 2004
Mr A Keeling for the appellant.
The appellant had been convicted for possession of signs and goods bearing signs, contrary to s92(1)(c) and 92(3)(b) of the Trade Marks Act 1994, and for possession of video recordings,..
27031 Sony Music Entertainment (UK) Ltd and others v Stewart and another
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01 March 2004
Mr E Cullen (Wiggin & Co) for the claimants; Mr Stewart appeared in person.
John Stewart and his son, Carl, who admitted guilt, had already been convicted in the Crown Court of making and selling counterfeit..
27032 Vollers Corset Company Ltd v Cook and others
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01 March 2004
Mr A Parsons (Graeme Quar & Co) for the claimant; Mr P Moser (Larcomes) for the defendants.
The claimant applied for continuation of an injunction restraining infringement of copyright and/or design right in the manufacture and..
27033 Nikken Kosakusho Works Ltd and another v Pioneer Trading Company and another
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01 March 2004
Mr M Tappin (DLA) for the respondents/claimants; Mr B Brandreth (Field Fisher Waterhouse) for the applicants/defendants.
The claimants had discontinued their claim for infringement (after having been refused an interim injunction on the ground that there..
27023 Co-operative Group (CWS) Ltd v International Computers Ltd
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01 March 2004
Mr C Carr QC and Mr R Mawrey QC (Ashurst Morris Crisp) for the appellant; Mr H Carr QC and Ms J Reid (Baker & Mckenzie) for the respondent.
Per Tuckey LJ (all concurring):
Background
CWS had..
Lloyd's and the Lloyd's Crest are trademarks of the Society incorporated by the Lloyd's Act 1871
by the name of Lloyd's
