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Showing posts with the label art 102

Toy Wars - Cabo Concepts v MGA Entertainment

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Standard YouTube Licence Jane Lambert   Patents Court (Mr Justice Mellor)  Cabo Concepts Ltd v MGA Entertainment (UK) Ltd and another     [2021] EWHC 491 (Pat) (4 March 2021) Yesterday I mentioned the cake war between Marks & Spencer and Aldi (see Jane Lambert Cake War s 17 April 2021 NIPC News).  Today I discuss the litigation between the suppliers of the Worldeez and LOL Surprise! toys,  If you have never heard of either, this video  LOLSurprise Lil Sister vs. Worldeez NEW! Who will win!?!   by Adulting With Children should enlighten you.  At the very least you should appreciate the children's pleasure as they unwrap their packages. The Dispute MGA's LOL Surprise! dolls appear to be well established in the UK market.  They are described at para [6] of Mr Justice Mellor's judgment in  Cabo Concepts Ltd v MGA Entertainment (UK) Ltd and another  [2021] EWHC 491 (Pat) (4 March 2021).  Cabo Concepts says that it had plan...

Jurisdiction to hear Abuse of Dominant Position Claims relating to FRAND - Vestel Elektronik Sanayi Ve Ticaret A.Åž. and another v HEVC Advance LLC and another

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Jane Lambert Patents Court (HH Judge Hacon)  Vestel Elektronik Sanayi VE Ticaret AS and another v HEVC Advance LLC and another [2019] EWHC 2766 (Ch) (21 Oct 2019) This was an application for a declaration that the English Patents Court has no jurisdiction to entertain a claim by Vestel Elektronik Sanayi Ve Ticaret A.Åž  and its British subsidiary, Vestel UK Ltd against HEVC Advance LLC, a Delaware company that manages a pool of standard-essential patents ("SEP"), or Koninklijke Phillips NV ("Phillips") one of the SEP owners for relief from an alleged abuse of a dominant position under art 102  of the Treaty on the Functioning of the European Union ("TFEU") and/or s.18  of the Competition Act 1998 by failing to offer licences under the SEP on fair, reasonable and non-discriminatory ("FRAND") terms.  The application came on before His Honour Judge Hacon sitting as a judge of the High Court on 2 and 3 Oct 2019.  Judgment was given on 2...