Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed an action brought by the applicant company, Sequoia Capital Operations LLC (Sequoia) against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Sequoia and Sequoia Capital LLP, which was established in the United Kingdom, concerning the application by Sequoia for registration of a word sign 'SEQUOIA CAPITAL' as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Eugenia Mocek, Jadwiga Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna (Eugenia Mocek), against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to opposition proceedings between Lacoste SA and Eugenia Mocek concerning the application by Eugenia Mocek for registration of a figurative mark depicting the word 'KAJMAN' and representing a crocodile as a Community trade mark. 

European Union – Trade marks. The General Court of the European Union allowed the action brought by Tilda Riceland Private Ltd against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between Tilda Riceland Private Ltd and Siam Grains Co. Ltd, concerning the application by the latter company for registration of a figurative sign depicting the word 'BASmALI' as a Community trade mark. 

Public procurement – Public contracts. The Technology and Construction Court allowed the defendant local authority's application, under reg 47H of the Public Contracts Regulations 2006, SI 2006/5, to set aside the automatic suspension that had been in place since the issue of proceedings by the claimant. The court considered the application of the principles in American Cyanamid Co v Ethicon Ltd ([1975] 1 All ER 504) in public procurement cases. 

Town and country planning – Permission for development. The claimant sought an order quashing the decision of the inspector appointed by the first defendant Secretary of State, dismissing his appeal against the second defendant local planning authority's refusal of planning permission for the change of use of a building from stables to offices on a site within the Green Belt. The Planning Court, in dismissing the application, held that inspector had found implicitly that the proposal had not been in accordance with the development plan and that planning permission should not be granted. 

Immigration – Asylum seeker. The claimant St Lucian national sought judicial review of the defendant Secretary of State's decisions by her competent authority, which concluded that the claimant was not the victim of trafficking. The Administrative Court, in allowing the application, concluded that the competent authority had taken the wrong approach, in particular, by its reliance on a detective inspector's report, and its failure to consider warnings in 'Victims of human trafficking – competent authority guidance' and in expert evidence. 

Child – School. The Family Division made a child arrangements order concerning where a child, B, should go to school. It held that it would be better for B's life to continue in the Surrey area, where his father lived, although he would continue to have extensive contact with his mother. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Ecolab USA, Inc., (Ecolab) against a decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM), concerning the international registration designating the European Community of the word mark 'GREASECUTTER' obtained by Ecolab and the refusal of protection of that mark in the European Union. 

European Union – Trade marks. The General Court of the European Union allowed the application by GAT Microencapsulation GmbH (GAT) for annulment of the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to opposition proceedings between BASF SE and GAT concerning the application by the latter for registration of the word sign 'KARIS' as a Community trade mark. 

European Union – Value added tax. The Court of Justice of the European Union ruled that art 9(1) of Council Directive (EC) 2006/112 had to be interpreted as meaning that bodies governed by public law, such as the Polish municipal budgetary entities at issue in the main proceedings, could not be regarded as taxable persons for the purposes of value added tax in so far as they did not satisfy the criterion of independence set out in that provision.