Archive for the 'res judicata' Category

Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) – WLR daily

Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-140/08); [2009] WLR (D) 308

“In proceedings concerning the alleged invalidity of a community trade mark, departments of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) are not bound by earlier final decisions in opposition proceedings, since no force of res judicata attaches to such decisions.”

WLR Daily, 29th October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Cinpres Gas Injection Ltd v Melea Ltd – Times Law Reports

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal

“Perjury by a witness who had common cause with one of the parties in proceedings could be sufficient to have the judgment set aside as having been obtained by fraud.”

The Times, 29th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Cinpres Gas Injection Ltd v Melea Ltd – WLR Daily

Cinpres Gas Injection Ltd v Melea Ltd [2008] EWCA Civ 9; [2008] WLR (D) 19

“Where an inventor who gave perjured evidence at the trial of his employer’s application for a patent had been more than a mere witness in those proceedings, his fraud should be treated as his employer’s fraud for the purposes of the fraud exception to the doctrine of res judicata.”

WLR Daily, 31st January 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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