NIPC Law

Author NuclearVaccum Source Wikipedia Creative Commons Licence AMS Neve Ltd and Others v Heritage Audio S.L. and Another   [2016] EWHC 2563 (IPEC) Mark Vallance Crabtree and Barnett Waddingham Trustees Limited are the registered proprietors of three trade marks for sound recording and processing equipment that are used by  AMS Neve Ltd . in its business. Two of those are UK trade marks and the third is an EU mark.  Heritage Audio SL  is a Spanish company that trades in audio equipment. AMS Neve and the trade mark proprietors have brought proceedings against Heritage Audio and its sole director, Pedro Rodriguez Arribas, in the Intellectual Property Enterprise Court for trade mark infringement and passing off on the grounds that they have offered for sale and sold equipment by reference to signs confusingly similar to each of those marks in the United Kingdom and other places. Heritage and Mr Arribas applied for an order that the Engli...

European Commission Author:  Amio Cajander Source Wikipedia Creative Commons Licence A Euro-defence is an answer to a claim for the infringement of an intellectual property or other right under national law based on the primacy of European Union law. In the early days of our membership of what used to be called the European Economic Community such defences were pleaded quite regularly and they often succeeded. Probably the high water mark was Magill  ( Radio Telefis Eireann and Others v Commission of the European Communities   [1995] 4 CMLR 718, [1995] EUECJ C-241/91P, [1995] EMLR 337, [1995] All ER (EC) 416, [1995] ECR I-743, [1995] FSR 530, [1998] Masons CLR Rep 58) where the Court of Justice held that the enforcement of broadcasters' copyrights constituted an abuse of a dominant position within the meaning of art 86 of the Treaty of Rome (now  art 101 of the Treaty on the Functioning of the European Union as it has now bec...