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A strong Court of Appeal (with 2 acknowledged experts in intellectual property), has ruled in favour of Samsung over Apple in the battle of the tablets. The Court has ‘dispersed the fog’ that the cloud of litigation created over the alleged infringement of design rights and has clarified the issues in dispute; given valuable advice on the characteristics of the informed user and when a publicity order should be made.
The first instance decision of HHJ Birss QC became notorious in the media after his comparison between ‘cool’ (Apple) and ‘not as cool’ (Samsung). The judgment of the Californian court awarded Apple substantial damages for patent infringement. Finally, the German court granted a pan European interim injunction in respect of the 7.7 Samsung product.
The court held that ‘real commercial uncertainty’ arose causing damage to Samsung’s business and justifying the ruling for a publicity order, requiring Apple to inform the market that Samsung’s product does not infringe its registered designs throughout the European Union.
Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.
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Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.
Mandatory registration under the Drone Safe Drone and Model Aircraft Registration and Education Service starts at 00.00 on 30 November 2019.
Specialist IP Counsel
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