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28 June 2007
Issue: 7279 / Categories: Legal News , Intellectual property
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Pet case raises interim injunction bar

Trade mark owners will find it more difficult to protect their brands from competitors’ comparative adverts following a Court of Appeal ruling, commercial firm Wedlake Bell is warning.

In Boehringer Ingelheim Ltd v Vetplus Ltd the court confirms that Human Rights Act 1998 freedom of expression provisions apply where courts are deciding whether or not to grant an interim injunction to stop circulation of a contentious advert quickly, pending trial. This means claimants will have to prove their case is “likely” to succeed before an injunction will be granted.
Mike Gardner, partner at Wedlake Bell, says the English courts have historically taken a robust approach to brand owners complaining about rivals’ advertising.

“This judgment may make it harder still for complainants to persuade the court to assist them in cases where urgent interim relief is sought,” he says.
Gardner adds that without an interim injunction, the advertiser is free to run the offending advert until the court makes a final ruling at trial, which may cause serious damage to the brand affected.

The case arose when pet medicine producer Boehringer sought an interim injunction to stop its rival Vetplus publishing an advert on nutritional supplements for dogs.

Issue: 7279 / Categories: Legal News , Intellectual property
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
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Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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