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Will You Add? - Intellectual Property - Copyright Infringement - Trade Mark Infringement
The nightclub and bar business is an ever expanding industry where so much money is exchanged every night. Every bar or nightclub owner knows how important good promoting is for their business. That’s why club and event promotion has become huge in itself. Being someone that attends bars and clubs myself, I’ve seen all kinds of different promotion methods. Some work better than ot
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claima
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One of Sony's products was the latest version of its highly successful family of computer game systems marketed under the name 'PlayStation' which the second claimant marketed and sold in over 100 countries, including countries within the European Economic Area (“EEA”). In respect of those computer game systems Sony owned:
§ Five Community trade marks;
§ One UK registered trade mark (those registrations included the word 'PlayStation');
§ Two registered designs (those being a UK registered design and a Community registered design); and
§ Several copyright works (including the computer program, the menu icons, the surface design of the box and the user manual).
The defendant was a company incorporated in Hong Kong which operated a website, www.lik-sang.com. The website had been set up to offer for sale a variety of commercial video games, consoles and accessories for playing music, video games and such items. The defendant also marketed and offered for sale from its website portable consoles (PSP consoles) and related games, movies and accessories.
The PSP consoles so offered were genuine products made by Sony for sale within the Japanese market only. The claimants' case was that by targeting customers in the EEA, in particular, the UK, the defendant had infringed Sony's intellectual property rights associated with the PSP consoles. They also submitted that the intellectual property rights in the items associated with the PSP (such as the packaging) had also been infringed. They sought appropriate injunctions, delivery up, disclosure of names, and an enquiry as to damages, or in the alternative, an account of profits and costs.
Following an unsuccessful application by the defendant for the court to decline to exercise its jurisdiction, the action continued undefended. The issues to be considered before the court were:
§ Whether the claimants had consented to have the relevant products sold in the EEA; and
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claiman
Consumers are smart people. Since you are one, and I am one, I'm sure we won't quibble about this statement. The fact is that consumers can smell a sales job like strong perfume in a crowd with very much the same results, it reeks so they leave. Automatically turning away from what they don't want to deal with. Is this the kind of impact you are making on your potential clients? I
§ Five Community trade marks;
§ One UK registered trade mark (those registrations included the word 'PlayStation');
§ Two registered designs (those being a UK registered design and a Community registered design); and
§ Several copyright works (including the computer program, the menu icons, the surface design of the box and the user manual).
The defendant was a company incorporated in Hong Kong which operated a website, www.lik-sang.com. The website had been set up to offer for sale a variety of commercial video games, consoles and accessories for playing music, video games and such items. The defendant also marketed and offered for sale from its website portable consoles (PSP consoles) and related games, movies and accessories.
The PSP consoles so offered were genuine products made by Sony for sale within the Japanese market only. The claimants' case was that by targeting customers in the EEA, in particular, the UK, the defendant had infringed Sony's intellectual property rights associated with the PSP consoles. They also submitted that the intellectual property rights in the items associated with the PSP (such as the packaging) had also been infringed. They sought appropriate injunctions, delivery up, disclosure of names, and an enquiry as to damages, or in the alternative, an account of profits and costs.
Following an unsuccessful application by the defendant for the court to decline to exercise its jurisdiction, the action continued undefended. The issues to be considered before the court were:
§ Whether the claimants had consented to have the relevant products sold in the EEA; and
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claima
If you are in one of the following businesses you must read this article as the competition in your industry is getting fierce: you will lose the competitive edge; see a decrease in profits; and work harder to make just as much money in 2007. 1. Banks 2. Accountants 3. Dentists 4. Chiropractors 5. Fitness Industry This is your warning and
The PSP consoles so offered were genuine products made by Sony for sale within the Japanese market only. The claimants' case was that by targeting customers in the EEA, in particular, the UK, the defendant had infringed Sony's intellectual property rights associated with the PSP consoles. They also submitted that the intellectual property rights in the items associated with the PSP (such as the packaging) had also been infringed. They sought appropriate injunctions, delivery up, disclosure of names, and an enquiry as to damages, or in the alternative, an account of profits and costs.
Following an unsuccessful application by the defendant for the court to decline to exercise its jurisdiction, the action continued undefended. The issues to be considered before the court were:
§ Whether the claimants had consented to have the relevant products sold in the EEA; and
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claima
The Internet has opened many possibilities for people. We can buy things online, get to know people who are far away from us, talk to friends, or get the information we need. When you are searching for the house of your dreams, you probably know that you will visit a few houses before making up your mind. The procedure of buying a home is lengthy, tiresome and pricy. Have you ev
Following an unsuccessful application by the defendant for the court to decline to exercise its jurisdiction, the action continued undefended. The issues to be considered before the court were:
§ Whether the claimants had consented to have the relevant products sold in the EEA; and
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claima
Trading the Forex market has became very popular in the last few years. But how difficult is it to achieve success in the Forex trading arena? Or let me rephrase this question, how many traders achieve consistent profitable results trading the Forex market? Unfortunately very few, only 5% of traders achieve this goal. One of the main reasons of this is because Forex traders focus
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claimants were therefore entitled to the reliefs sought.
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