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Article: IP Snapshot - September/October 2009.(intellectual property)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 23, 2009
- Author:
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TRADE MARKS Lilly Icos LLC & Others v 8pm Chemists & Others, [2009] EWHC 1905 (Ch), 31 July 2009
The claimants applied for and obtained a preliminary injunction relating to parallel imported goods, which was later discharged when the Court of Appeal decided that the goods did not infringe the claimants' trade marks and that no injunction was warranted. As part of the injunction application the claimants were obliged to give a cross undertaking in damages to the defendants to compensate for any loss suffered should the injunction later be overturned. Here the High Court considered how to quantify those damages. It decided that the claimants were jointly liable to ...