Searching Content by Alistair Payne ordered by Published Date Descending.
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Substantive Review Of The Uniform Domain Name Dispute Resolution Policy Is Under Way
The UDRP is to be reviewed in the overall context of a broader review of all rights protection mechanisms.
30 Aug 2016
ECJ Considers Test For Assessing Likelihood Of Confusion With Family Of Trademarks
This dispute arose from an application filed on April 3 2009 by Ibercosmetica SA de CV for registration of the word mark SÔ: UNIC as a Community trademark (CTM) for goods in Class 3 of the Nice Classification.
European Union
15 Dec 2015
A High Water Mark For Comparative Advertising In Ireland
A recent decision in a dispute between Aldi and Dunnes Stores suggests that, despite the pointers from the CJEU, comparative advertising is a dangerous game to play in Ireland. Matheson's Alistair Payne explains.
12 Oct 2015
The Push To Harmonise European IP Laws Gathers Momentum
The push to harmonise both the substantive and procedural aspects of European intellectual property laws and to create pan-European rights gathers ever-increasing momentum.
European Union
24 Jul 2015
European Union General Court Judgment Issued In Community Trademark Dispute Case
On June 4 2015 the General Court issued its judgment in Stayer Iberica SA v Office for Harmonisation in the Internal Market (Case T-254/13).
European Union
23 Jul 2015
Striking Out Third Party Claims
Cregan J. found that the Central Bank has extensive powers over all building societies, supervising them from "the cradle to the grave".
9 Jun 2015
eBay Obtains Transfer Of Thousands Of Domain Names Under UDRP
In eBay Inc v Du Hongxia (Case No D2014-2015), eBay has succeeded in securing the transfer to it of thousands of domain names comprising the well-known EBAY trademark, followed by a number and the generic '.com' or '.net' top-level domain identifiers (eg, '')
3 Mar 2015
Intellectual Property Group December Newsletter
Another very active year in the Inetllectual Property (IP) world is drawing to a close and the range of ongoing initiatives and concerns being raised at a local and European level is unprecedented.
2 Jan 2015
Commercial Litigation And Dispute Resolution Winter Newsletter
This issue of Matheson’s Commercial Litigation and Dispute Resolution Winter Newsletter looks at the creation of Ireland’s new Court of Appeal and the Oireachtas Banking Inquiry.
23 Dec 2014
Internet Users Breathe A Sigh Of Relief As European Court Rules That Internet Browsing Does Not Infringe Copyright
If you are reading this on an internet browser you may be relieved to know that you are not infringing copyright law.
1 Sep 2014
How Much Profit Is An Account Of Profit For Passing Off? Not All Profit, Says High Court
The Irish High Court has reviewed the approaches to awarding an account of profit when a defendant is found liable for passing off.
30 Jul 2014
General Court Considers Community Equivalent Of US ‘Morehouse Defence’
In Argo Group International Holdings Ltd v Office for Harmonisation in the Internal Market, the General Court has upheld the decision of the Second Board of Appeal of OHIM.
European Union
15 Jul 2014
Amazon Successfully Defends Community Objection Against Application For ‘.Amazon’
In Professor Pellet, Independent Objector (France) v Amazon EU SÁRL (Luxembourg), Amazon has successfully defended a community-based challenge by an independent objector to its application for the new generic top-level domain (gTLD) name '.amazon' (and the Japanese and Chinese equivalents).
28 Mar 2014
Advocate General Defends General Court’s Right To Make Own Investigations
In National Lottery Commission v Office for Harmonisation in the Internal Market (OHIM) (Case T-404/10, September 13 2012), the General Court had applied national legislation not specifically argued by the parties in order to decide the case. OHIM had appealed the decision.
16 Jan 2014
After Pirate Bay, Commercial Court Blocks Another File Sharing Website
On 2 December 2013, Mr Justice Kelly of the Commercial Court ordered the major Irish Internet service providers (ISPs) to block subscriber access to the KAT website otherwise known as Kickass Torrents.
15 Jan 2014
Verbal Element Of Composite Mark Is Not Necessarily Dominant Component
A discussion on a recent case where the General Court has upheld the decision of the Fourth Board of Appeal of OHIM that there was no likelihood of confusion between the word mark JULIUS K9 and earlier figurative marks comprising the component 'K9'.
16 Jul 2013
Matheson Intellectual Property Update - Pirate Bay Block In Ireland
The Irish recording industry successfully obtained an order from the Commercial Court on 12 June 2013 compelling a number of Internet service providers to block subscriber access to The Pirate Bay.
20 Jun 2013
Reconditioning Consumer Products
In a recent case, the UK Supreme Court issued a decision which will be of significance to the providers of replacement parts of consumer goods.
28 May 2013
A Fast Moving Target - The New gTLD "Go Live" Date
Although the Trade Mark Clearing House is now open for registration of trade mark holders’ rights, the proposed 23 April date for the commencement of contracting with the first successfully examined gTLD applicants was not met and this process will now begin in June.
28 May 2013
Kit Kat 3D Mark Gets Its Big Break
In Société des Produits Nestlé SA v Cadbury Holdings Ltd, the Second Board of Appeal of the Office for Harmonisation in the Internal Market has overturned a decision of the Cancellation Division.
11 Apr 2013
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