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21 February 2014
Issue: 7595 / Categories: Case law , Law digest , In Court
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EU

Blomqvist v Rolex SA and another company C-98/13 [2014] All ER (D) 101 (Feb)

It was settled law, first, that the proprietor of a trade mark was entitled to prohibit a third party from using, without the proprietor’s consent, a sign identical with that trade mark when that use was in the course of trade, was in relation to goods or services which were identical with, or similar to, those for which that trade mark was registered, and affected, or was liable to affect, the functions of the trade mark. Second, under the copyright directive, an exclusive right was conferred on authors to authorise or prohibit any form of distribution to the public by sale or otherwise of the original of their works or copies thereof. Distribution to the public was characterised by a series of acts going, at the very least, from the conclusion of a contract of sale to the performance thereof by delivery to a member of the public. A trader in such circumstances bore responsibility for any act carried out by him or on his behalf giving rise to a “distribution to the public”

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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