Ms Louise Morgan

Louise Morgan

Updates

Company & Commercial

No loss of confidence – establishing causation in confidential information claims
United Kingdom | 03 November 2014

Richmond Pharmacology Ltd v Chester Overseas Ltd is an example of a claim for breach of confidence where, although liability was established, only nominal damages (£1) were awarded to the claimant. It illustrates the importance of a claimant in such cases valuing its claim properly and establishing the causal link between the breach committed by a defendant and the loss suffered by the claimant.

Intellectual Property

Comic Enterprises remains gleeful as Court of Appeal upholds series marks
United Kingdom | 13 June 2016

The Court of Appeal recently ruled on an outstanding aspect of the 'Glee' trademark dispute and confirmed the compatibility of Section 41 of the Trademark Act – concerning the registration of series marks – with EU law. Provided that series marks are sufficiently similar to meet the qualifying conditions set out in Section 41, they are individually entitled to the protection afforded to every trademark under EU law.

Comic Enterprises feeling gleeful after Court of Appeal upholds trademark infringement
United Kingdom | 14 March 2016

In the latest instalment of the trademark dispute between Comic Enterprises and Twentieth Century Fox, the Court of Appeal upheld the 2014 High Court decision that use of the sign 'Glee' by Twentieth Century Fox in respect of its well-known television programme infringed a series of registered trademarks owned by Comic Enterprises Ltd, which runs a collection of comedy clubs named 'Glee' across the United Kingdom.

Vestergaard – creating another buzz
United Kingdom | 22 December 2014

The long-running Vestergaard case has reached its finale – a High Court decision on the assessment of damages. As might be expected from a case which has piqued interest over the course of first-instance, Court of Appeal and Supreme Court proceedings, the judgment following the inquiry as to damages also provides interesting points in respect of the calculation of damages.

Guarding trade secrets – Supreme Court rules in Vestergaard
United Kingdom | 29 July 2013

The Supreme Court recently ruled that an ex-employee could not have misused confidential information if she had not known about the confidential information or the fact of its misuse. The judgment illustrates that if businesses think that their confidential information has been misused, they should think carefully about whom to pursue for this misuse.

Supreme Court clarifies what constitutes 'making' a patented product
United Kingdom | 25 March 2013

The Supreme Court recently issued its decision in the long-running case of Schütz v Werit. The decision is of particular importance to the producers of replacement parts for consumer goods, and in relation to the delicate (and blurred) line between making a patented article (which amounts to infringement) and simply repairing a product (which does not).

OMEGA v OMEGA: watch out for co-existence agreements
United Kingdom | 18 February 2013

A recent High Court case highlights the perils of two companies using identical trademarks for different goods and seeking to co-exist. However amicable the relationship may start out, there is often room for the arrangement to sour. This makes the careful drafting and 'future-proofing' of co-existence agreements essential, as the parties in this case discovered to their cost.

ECJ rules on trademark class description: further translation required?
European Union | 06 August 2012

In a long-anticipated judgment, the Court of Justice of the European Union has ruled, perhaps unsurprisingly, that when applying for a trademark, it is necessary to identify the goods and services for which protection of the trademark is sought with sufficient clarity and precision.

Threats provisions: time for a change?
United Kingdom | 23 July 2012

In essence, any person aggrieved by a threat to issue proceedings in the United Kingdom for infringement of certain IP rights - whether it is the direct recipient of the threat or an affected party, such as a supplier - may take action against the person making the threat. The Law Commission has recently launched a project to consider whether to repeal, reform or extend the relevant provisions.

No copyright protection for computer program functionality
United Kingdom | 16 July 2012

A long-awaited decision of the Court of Justice of the European Union establishes that functionality in a computer program is not protected by copyright. This almost certainly puts suppliers of certain established software programs at a disadvantage, but should encourage third-party innovation. The decision also seems to remove a potential liability risk for insurers in the technology industry.

Tech, Data, Telecoms & Media

No copyright protection for computer program functionality
United Kingdom | 17 July 2012

A long-awaited decision of the Court of Justice of the European Union establishes that functionality in a computer program is not protected by copyright. This almost certainly puts suppliers of certain established software programs at a disadvantage, but should encourage third-party innovation. The decision also seems to remove a potential liability risk for insurers in the technology industry.