Cookies on Pinsent Masons website

This website uses cookies to allow us to see how the site is used. The cookies cannot identify you. If you continue to use this site we will assume that you are happy with this

If you want to use the sites without cookies or would like to know more, you can do that here.

Guides By Topic: TMT & Sourcing

  • The sub judice rule and contempt of court

    This guide is based on UK law and was written in January 2009. The sub judice rule regulates the publication of matters which are under consideration by the court. Matters are considered to be sub...

    More details
  • 1-800 Flowers v Phonenames

    The Claimant tried to register an alpha-numeric telephone number as a service mark. The Court found, as one of the grounds for refusing the registration, that the mark did not have the requisite capacity to distinguish, since it was no more than an encoded...

    More details
  • Spectrum v MCI Worldcom

    An application for specific performance was granted in circumstances where a large telecommunications company breaches a contract with a small reseller, on the basis that since the small company's business depended upon the contract, it was appropriate...

    More details
  • Rubicon v United Paints

    The Court of Appeal held that a contract to supply an IT system was breached by installing a time-lock device in that system, on the ground of breach of the warranty to give quiet possession.

    More details
  • Sony v Tesco

    Sony obtained an injunction preventing Tesco from importing Playstations from France. Granting the injunction, the judge applied European case law relating to intra-Community parallel imports of pharmaceutical products to the IT industry.

    More details
  • Harbinger v GE Information Services

    The Court of Appeal gave guidance on the meaning of "in perpetuity": where a contract provides for the continuation of such an obligation "in perpetuity", the words must be given their ordinary meaning and thus the obligation continues after the contract...

    More details
  • Regina v Graham Waddon

    The court considered the question of “publication” on the internet in the context of the Obscene Publications Act and held that this could occur more than once. Publication occurred when images were uploaded on to the web site by the website contributors...

    More details
  • Road Tech v Mandata

    A business used the trademarks of a competitor in its website metadata in order to attract search engine traffic. The Court found that the defendant had infringed the claimant's rights and ordered it to pay damages of £15,000.

    More details
  • MBNA v Freeman

    MBNA claimed that Mr Freeman was infringing its registered trade mark by using the domain The Court decided to hold a full trial to decide the issue, and ordered that Mr Freeman must not sell the domain in the meantime.

    More details
  • Regus v Epcot

    This Court of Appeal decision provides a useful reminder of the need for suppliers to carefully consider the scope of exclusion clauses contained in standard form contracts so as to minimise the potential for a challenge to the reasonableness of the clause...

    More details