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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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