Latest Cases

European Union – Trade marks. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 3(1)(b) and (e)(i) and (ii) of Directive (EC) 2008/95 (to approximate the laws of the member states relating to trade marks). The request had been made in proceedings between Société des Produits Nestlé SA (Nestlé) and Cadbury UK Ltd concerning the notice of opposition filed by the latter against Nestlé's application to register as a trade mark in the United Kingdom a three-dimensional sign representing the shape of a four finger chocolate-coated wafer. 

European Union – Rules on competition. The General Court of the European Union rejected the applicant companies' claims seeking the annulment of the respondent European Commission's decision that they had been involved in two cartels and their claim seeking the reduction of the fines imposed. 

European Union – Dumping. The Court of Justice of the European Union, in considering a question referred for a preliminary ruling, concerning the validity of the Council Implementing Regulation (EU) 917/2011, which imposed a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in China, ruled that the question had disclosed no factor of such a kind as to affect the validity of that Regulation. 

Landlord and tenant – Forfeiture of lease. The applicant landlord applied for permission to forfeit the lease held by the fourth respondent tenant, which was in administration, by peaceable re-entry. The Companies Court, in allowing the application, held that the purpose of the administration would not be impeded by granting the landlord permission to pursue its proprietary rights and that there was no identifiable purpose of the administration which would be served by limiting the landlord to seeking forfeiture by legal proceedings, rather than by peaceable re-entry. 

Copyright – Infringement. The Intellectual Property Enterprise Court awarded damages for admitted breach of copy right by the defendant in respect of use of photographs from the claimant's website. The claimant was awarded damages under the user principle and additional damages pursuant to s 97(2) of the Copyright, Designs and Patents Act 1988 Further the claimant claimed damages under art 13(1) of Directive (EC) 2004/48 on the enforcement of intellectual property rights (the Enforcement Directive). 

Bailment – Bailment for reward. The Queen's Bench Division dismissed the claimant's claim for damages from the defendant for breach of duty as a bailee, said to have arisen out of the destruction by arson of a vehicle whilst in the defendant's possession. The damage, caused as it had been by an apparently isolated, but determined and deliberate, arson attack had not been caused by any failure on the part of the defendant to take reasonable care. 

Minor – Abduction. In proceedings concerning an application under the Hague Convention on the Civil Aspects of International Child Abduction, the Family Court held that, as the mother had agreed, the children concerned had to return to Portugal not later than a specified date and any further proceedings in relation to them were to take place there. However, if, in the meantime, the parents were able to reach an agreement as to contact, then the father would not seek to implement or enforce that order. 

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division allowed an application by the International Oil Pollution Compensation Fund 1992 (IOPC 1992) setting aside a Bolivian judgment on the basis that the IOPC 1972 was immune from jurisdiction pursuant to an agreement made between the United Kingdom government and the IOPC 1972. 

Libel and slander – Injunction. The Queen's Bench Division allowed the claimants application seeking default judgment pursuant to CPR 12.3(1) and 12.4(2). It also allowed the summary disposal of the case pursuant to s 8 of the Defamation Act 1996 with the relief of damages, an injunction. That was despite the fact that the defendants were not present at the hearing or represented. 

Practice – Family proceedings. The proceedings concerned an application for permission to appeal from the decision and order of the judge, which arose out of, and related, to an order for ancillary relief. Among other things, the Family Division held that, as to the gross selling price of the matrimonial home, orders would be made, not by way of appeal, but in further exercise of the general powers of the court.