Union Des Associations Europeenes De Football v. Eircom Limited (trading as EIR), Sky Ireland Limited, Sky Subscribers Services Limited, Virgin Media Ireland Limited, Vodafone Ireland limited Commercial Court Record No. 2020/6450PThe illegal streaming of real time live match broadcasts has increased in tandem with the improvement of technology and signal quality in recent years and...
Read moreMore Irish SPC Litigation – Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd
On 29 November 2019 Justice Denis McDonald delivered judgment in Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd[1]. This case follows the decision of the Irish Supreme Court on 31 July 2019 involving the same parties which saw a change in approach to granting injunctions in Irish patent actions, see our...
Read moreWho Owns the DIESEL trade mark registration in Ireland? “Stalemate” at the end of a very long running saga.
Practitioners in civil law jurisdictions are often surprised to learn that appeals in commercial law matters in common law systems are generally, but not always, limited to an appeal of the evidence and law heard by the lower court and are not appeals by way of re-hearing. The rationale for this approach is for finality...
Read morePutting Manners On The Platforms: The Digital Services Act Package
In the last two decades the digital services landscape has changed dramatically, however while there have been some targeted attempts at regulation, the legal framework for digital services has remained relatively stagnant since the adoption of the e-Commerce Directive in 2000.In February 2020, the European Commission announced a Digital Services Act package...
Read moreConfirmed: Comparative Advertising Is Back On The Agenda In Ireland
Aldi Stores (Ireland) Limited and Aldi GmbH & Co KG and Dunnes Stores [2019] IESC 41, Supreme Court, decision by O’Donnell J.Very long running litigation in Ireland between well-known supermarket operators has finally concluded with a Supreme Court decision that confirms the test for comparative advertising under the confusing Irish implementation of the EU Directive...
Read moreWhen “annulment” really means “annulment”…
Case T‑690/18, Sony Interactive Entertainment Europe Ltd, v EUIPO; Case T-690/18. Decision of the General Court given on 19 December 2019.On 19 December 2019 the General Court found in favour of Sony Interactive Entertainment Europe Ltd’s (“the Applicant’s”) appeal from a decision of the Fourth Board of Appeal in Case R 695/2018-4. The General Court...
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