NIPC Law

The Rubettes. (2022, July 18). In Wikipedia . https://en.wikipedia.org/wiki/The _Rubette s Licence CC BY 3.0 Jane Lambert Intellectual Property Enterprise Court (Ms Pat Treacy) Alan Williams Entertainments Ltd. and another v Clarke and others [1922] EWHC 1798 (IPEC) (13 Jully 2022) This was a dispute between former members of a rock group known as The Rubettes .  The   claimants were Alan Williams Entertainments Ltd. and one Alan Williams.  The company was owned by Mr Williams and his wife.  Mick Clarke and John Richardson, the first and second defendants, had performed with Mr Willians in the original band.   The third defendant, Steve Etherington. had joined the band later. The claimants claimed that the company (or alternatively the company and Mr Williams) owned the goodwill in the names "The Rubettes" or "The Rubettes featuring Alan Williams" ("the Rubettes' Names") in relation to live music events, merchandising, music sales and associated ...

Author The Judicial Office, UK Lic ence CC BYSA 4.0 Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Mellor) Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021) This case shows how quickly the English courts can move to resolve disputes when there is a need for them do so.  On 2 Aug 2022 Mr Justice Mellor ordered a 2-day trial of a number of preliminary issues in a claim for the infringement of European patent (UK) 3 103 443  2 months after the application for the expedited trial  and 3 months after the patent had been granted. The reason for the urgency was that the patent prevented Mylan from marketing a treatment for insomnia through the use of melatonin. As Me Justice Mellor said at para [40] of his judgment in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021): "i) Neurim has a prima facie valid pa...

Partial View of the Internet Author  The Opte Project Source  Wikipedia Creative Commons Licence Whenever you apply to register or to renew the registration of, a generic top-level domain name such as one ending in ".com", ".org" or ".biz" you represent and warrant to the registrar that: (a) the statements that you make in your agreement with the registrar are complete and accurate; (b) the registration of the domain name will not to your knowledge, infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility and not the registrar's to determine whether your domain name registration infringes or violates someone else's rights. What Rights might be violated or infringed? These are usually registered trade ma...

Partial View of the Internet Author The Opte Project  Source Wikipedia   Creative Commons Licence I have been a member of the World Intellectual Property Organization's domain name dispute resolution panel  since 2003 and I have seen a fair number of complaints  in domain name disputes in that time. I have also settled a few of my own as counsel to trade mark proprietors or business owners who object to the registration of a domain name that is the same as, or similar to, their trade mark or business name. The complaint is an important document as it is usually the only source of evidence and argument that a panellist can rely upon It is rarely prepared well. More often and not I receive screeds of irrelevant matter, bad points, repetition of the same point and disjointed argument all presented in a tone of exaggerated indignation backed up by lengthy annexes all of which have to be read and most of which are next to useless. This short...

WIPO Head Office, Geneva  Author Emmanuel Berrod Licence  CC BY-SA 4.0   Source Flickr Jane Lambert This is the first of a series of articles on domain name disputes. Schemes for the rapid resolution of domain name disputes such as ICANN's  UDRP (Uniform Domain Name Dispute Resolution Policy ), Nominet's Dispute Resolution Service ( "DRS" ) and the Czech Court of Arbitration's ".euADR"  are probably the most successful use of alternative dispute resolution ( "ADR" ) on the planet and the topic is important for that reason alone. It is also important because such schemes are probably indispensable for the rapid development of the Internet.  It is inconceivable that businesses would have invested anything that the that they have on the development of on-line platforms for the delivery of many sorts of services without a quick and cheap method of domain name dispute resolution. My Qualifications and Experience I have been int...