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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.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
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One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Specialist IP Counsel
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