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23 October 2015
Issue: 7673 / Categories: Case law , Law digest , In Court
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Trade mark

Flynn Pharma Ltd v Drugsrus Ltd and another [2015] EWHC 2759 (Ch), [2015] All ER (D) 53 (Oct)

The Chancery Division ruled, among other things, that the defendant companies’ use of the word “FLYNN” when rebranding imported Epanutin, a drug used in the treatment of epilepsy, was a “trade mark use” and did not fall within s 11(2)(b) of the Trade Marks Act 1994, and, therefore infringed the claimant company’s trade mark. The defendants could only rely on Art 36 of the Treaty on the Functioning of the European Union to defeat the claim of infringement if they could show that Epanutin had been placed on the market in the exporting member state by the same entity seeking to prevent its import into the UK and they had failed to do so.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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