Posts

Showing posts with the label 37 (1)

Passing Off: Au Vodka v NE10 Vodka

Image
  Ja ne Lambert irst  Chancery Division (Mr Justice Mellor)  A U Vodka Ltd v NE10 Vodka Ltd and another [2022] EWHC 2371 (Ch) (21 Sept 2022) The claimant in these proceedings distilled and distributed the vodka on the left.  The first defendant the vodka on the right.  The claimant applied for an interim injunction to retrain the first defendant and its sole director and shareholder (the second defendant) from marketing and selling the vodka on the right until trial or further order.   The defendants applied to strike out the claim against the second defendant and sought an expedited trial.   The application and cross-applications came on before Mr Justice Mellor as applications by order on 16 Aug 2022.  At the end of the hearing, his lordship refused the application for an injunction and the cross-application for a strikeout but granted a speedy trial.   He set out his reasons in  AU Vodka Ltd v NE10 Vodka Ltd and anothe...

Injunctions against ISPs - the Supreme Court decides who pays the Cost of Compliance: Cartier International and Others v BT and Others

Image
Supreme Court Author Christine Smith Licence Creative Commons attribution share alike 4.0 international Source Wikipedia Jane Lambert Supreme Court (Lords Mance, Kerr, Sumption, Mance and Hodge)  Cartier International AG and others v British Telecommunications Plc and another   [2018] 1 WLR 3259, [2018] WLR 3259, [2018] WLR (D) 354, [2018] UKSC 28 What this Appeal was about In  Cartier International AG and others v British Sky Broadcasting Ltd and others   : [2015] EMLR 10, [2015] 1 All ER 949, [2015] 1 All ER (Comm) 641, [2015] RPC 175, [2014] EWHC 3354 (Ch), [2015] BUS LR 298, [2015] RPC 7, [2015] Bus LR 298, [2015] ETMR 1, [2014] WLR(D) 464 Mr Justice Arnold made an order requiring British Sky Broadcasting Ltd. and other internet service providers ("ISPs") to block access to certain websites which promoted the sale of counterfeit products under s.37 (1)  of the Senior Courts Act 1981. I blogged about the case in...