first_img Schutz (UK) Ltd and another v Delta Containers Ltd and another: Chancery Division (Mr Justice Briggs): 5 July 2011 The claimant was a company manufacturing bulk containers (IBCs). Each IBC consisted of a metal cage, into which a plastic bottle capable of holding 1,000 litres of liquid would be placed. The bottles wore out faster than the cages. The defendant company had established a business in which it would fit a new bottle, not necessarily of the claimant’s manufacture, to the cages (the altered IBCs). The claimants displayed their name and logo conspicuously on the cages and less conspicuously on the bottles. The defendants used a disclaimer sticker on each IBC. The claimant issued proceedings against the defendant, on the ground that the claimant’s business activities constituted trade mark infringement and passing off. The claimant contended that when the defendant fitted an IBC made by the claimant with a bottle made by another company, it was infringing the claimant’s trade marks in relation to the bottle and the IBC as a whole. It further claimed that the defendant’s conduct was sufficient to constitute passing off of its altered IBCs as the IBCs of the claimant, by giving the impression that the bottle was manufactured or approved by the claimant and that the IBC as a whole was the claimant’s product. The defendant contended that the continued appearance of the claimant’s trade marks on the IBC constituted no more than the legitimate use of the trade mark in relation to the cage alone, and was neither a use nor a misrepresentation in relation to the bottle or the IBC as a whole. The defendants further contended that their use of disclaimers was sufficient to avoid the allegation of infringement of the claimant’s trade mark. They submitted that where applicable their customers were fully aware that they were purchasing an altered IBC, and that where the IBCs were sold on, the eventual purchasers were indifferent to the manufacturing source of the different component parts of the IBC. The claim would be allowed.(1) On the facts, the average end user of an IBC would be likely to conclude that the claimant’s trade marks on the cage were being used in relation to the bottle as well and hence the entire IBC. Were the IBC to fail, it was likely that they would consider that the claimant was to blame. The appearance of the claimant’s marks on the cage, alongside a disclaimer, would be such to create in the average consumer the impression that the marks were being used in relation to the IBC and the bottle, rather than merely the cage. Consequently, the claim of trade mark infringement would be made out in relation to the bottles and the IBCs as a whole. (see [100], [103]-[110] of the judgment). On the facts, infringement of the claimant’s trade mark had occurred (see [110] of the judgment). OFT v Officers Club [2005] EWHC 1080 applied. (2) A successful claim in passing off did not require any demonstration that the defendant’s product would be of lower quality or more prone to failure than the claimant’s product. Likelihood of damage could lie in the fact that a purchaser would be likely to blame the wrong party for a failure or defect if it were to occur (see [119] of the judgment). On the evidence, passing off had been proven. Were any defects to arise in the IBCs sold by the defendant, they would most likely be blamed by users on the claimant. On the evidence, none of the disclaimers used by the defendant would be sufficient to remedy that misrepresentation. It would not matter whether there was a level of choice for end-level users as to which IBCs they received, nor would it matter whether the eventual consumers had any preference as to which supplier of IBCs was used (see [120], [122]-[123] of the judgment). On the evidence, passing off had occurred (see [124] of the judgment). Lindsay Lane (instructed by SNR Denton) for the claimants. Aubrey Craig (instructed by Clough & Willis) for the defendants. Associated Newspapers plc v Insert Media Ltd [1991] 3 All ER 535 applied; Reckitt & Colman Products Ltd v Borden Inc [1990] 1 All ER 873 applied; Warnink (Erven) BV v J Townend & Sons (Hull) Ltd [1979] 2 All ER 927 considered. Infringement – Sale of reconditioned goodslast_img read more

Extinguish your torch

first_imgSubscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our community Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to industry news as it happensBreaking, daily and weekly e-newsletters Subscribe now for unlimited access To continue enjoying, sign up for free guest accessExisting subscriber? LOGIN Get your free guest access  SIGN UP TODAYlast_img read more

Texas deputy constable fatally shot after arriving for work

first_img Do you see a typo or an error? Let us know. Author: AP Published: April 3, 2017 5:45 PM EDT Updated: April 3, 2017 6:46 PM EDT BAYTOWN, Texas (AP) A highly regarded Texas law enforcement officer was shot and killed Monday moments after arriving for work in an attack that prompted a massive manhunt for the gunman.The shooting of Harris County Precinct 3 Assistant Chief Deputy Clinton Greenwood did not appear to be random, according to Baytown police Lt. Steve Dorris, but a motive was not immediately clear.“Whether or not he was specifically targeted, or whether this was because of the uniform he was wearing or the place he pulled up to in the morning, we just don’t know that right now,” Dorris said.No arrests had been made as of Monday evening. Dorris said authorities were still “actively investigating” the shooting but declined to offer additional information.Greenwood, a 30-year law enforcement veteran, was shot outside a county courthouse building in Baytown, east of Houston. He suffered a single gunshot wound and was airlifted to a Houston hospital where he died.The attack led to the lockdown of a nearby high school and a broad response by law enforcement as authorities closed intersections as part of their search for the suspect. Access to businesses in the area was limited as law enforcement helicopters searched by air and officers spread into nearby neighborhoods.Montgomery County sheriff’s Lt. Tim Cannon told the Houston Chronicle that he had known Greenwood for decades and was struggling to understand who would harm him.“Clint was absolutely a target, for whatever reason. We don’t know,” he said. “But he didn’t need to be a target. Clint was there to help. And whoever this person was, Clint probably would have reached out to help him as well.”A reward of up to $65,000 has been offered for information that would lead authorities to arrest and charge someone in the case.Greenwood received his law license in the 1980s and worked for the Harris County district attorney’s office. At one point, he oversaw the office’s civil rights division. He also once served as part of the command staff for the Harris County sheriff’s office, one of the busiest in the country.“My heart goes out to the family and friends of Assistant Chief Deputy Greenwood and the Harris County law enforcement community in the wake of this heinous murder,” Gov. Greg Abbott said in a statement. “Texas is taking action to strengthen penalties for those brazen enough to commit crimes against law enforcement, and we will send a message that such vile acts will not be tolerated.”The shooting of Greenwood was reminiscent of the 2013 slaying of a prosecutor as he exited his car and walked into work southeast of Dallas. Authorities say the gunman who killed Mark Hasse outside the Kaufman County courthouse later fatally shot the county’s district attorney and his wife. The deaths were retribution after Hasse and District Attorney Mike McLelland prosecuted gunman Eric Williams for the theft of county equipment, authorities have said.center_img SHARE Texas deputy constable fatally shot after arriving for work last_img read more

Algeria’s Constitutional Council says it will be impossible to hold July…

first_imgAlgeria’s constitutional council says it will be impossible for the country to hold a presidential election on 4 July as planned.The council has not however set a new date for the presidential poll.Interim leader Abdelkader Bensalah, who replaced former President Abdelaziz Bouteflika after his resignation on 2 April, announced on April 10 that the presidential election will be held on July 4.Bouteflika ruled the North African country for 20 years, though he was beset by ill health in his latter stages in power.Related Burundi presidential poll delayed to July 21 Zambia to hold presidential poll in Augustcenter_img Algeria to hold presidential vote on July 4last_img read more

On the Front Lines: Recognizing Western Hemisphere Ports Day

first_imgApril 5, ports throughout the Americas are recognizing Western Hemisphere Ports Day. This year’s theme is “On the Front Lines,” recognizing the role that seaports play in the COVID-19 response and recovery, as well as supply chain continuity and long-term economic stability. “We at the Port of Los Angeles are proud to play a vital role in these efforts,” Port of LA stated. The above video features California Governor Gavin Newsom, Los Angeles Mayor Eric Garcetti and Los Angeles City Councilman Joe Buscaino that spotlights the COVID-19 efforts at the Port of Los Angeles. Sea News, April 6 Author: Baibhav Mishralast_img read more

Maharlika Pilipinas Basketball League

first_img[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”][av_heading heading=’Maharlika Pilipinas Basketball League’ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’18’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]BY ADRIAN STEWART CO[/av_heading][av_textblock size=” font_color=” color=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]February 9, 2018[/av_textblock][av_textblock size=’18’ font_color=” color=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]FILIPINO ring icon Manny Pacquiao has high hopes for his brainchild, Maharlika Pilipinas Basketball League (MPBL), will turn out to be the country’s version of the National Basketball Association (NBA). In an interview with the media during the opening of the inaugural season last Thursday at the Smart Araneta Coliseum, Pacquiao said he expects the league to grow next year from its current standing of 10 teams.Among the participating squads this season are Bataan Defenders, Batangas Tanduay Athletics, Bulacan Kuyas, Caloocan Supremos, Imus Bandera, Muntinlupa Cagers, Navotas Clutch, Parañaque Patriots, Quezon City Capitals, and Valenzuela Classics.“Madami ang nag-i-inquire, madami ang gusto sumali ang kaso naka-set up na ‘yung league (for first season),” said Pacquiao. “Tingin ko aabot pa ‘yan ng mga 20 teams next year.”“Nakikita ko na magiging parang NBA ito. Kung sa NBA, may Eastern at Western Conference, sa atin naman ay may North at South,” added the former Kia Picanto playing coach.Pacquiao admitted that his league was inspired by the defunct Metropolitan Basketball Association (MBA) but his MPBL will have the participation of local government units (LGU).“Maganda ang MPBL kasi lugar laban sa lugar. Pero hindi ito katulad ng MBA dati na parang commercial. Dito sa MPBL involved ang mga local government units,” Pacquiao said.“Matagal ko ring binuo itong MPBL mga isang taon. ‘Yung formula na binuo natin, kung papaano natin mapapaganda at mai-involve ‘yung mamamayan natin sa basketball, sa liga na ito, ‘yun ang naisip ko,” he said.While Pacquiao’s MPBL is still way way far from the stature of the PBA, the league is also a big help as it give opportunities to the players who did not make it or were already gone in the PBA. We at Buzzer Beater are hoping for its success./PN[/av_textblock][/av_one_full]last_img read more

Feast of Sharing

first_img Share RelatedFeast For All: Record turnout at community Thanksgiving eventBy DINA ARÉVALO Port Isabel-South Padre Press It was a full house at Port Isabel High School Wednesday as hundreds of people gathered inside Tarpon Gym for a holiday feast. It was the 7th Annual Feast of Sharing, sponsored by HEB, in conjunction with the Point Isabel Independent School District…November 18, 2016In “News”SOUL FOOD: Annual Thanksgiving dinner heldBy RAY QUIROGA Port Isabel-South Padre PRESS With her three young children by her side, Iris Covarrubias told the PRESS that she recently lost a good paying job in Brownsville and was forced to move back in with her parents, who reside locally. Adding to the stress, she worries…November 15, 2012In “Gallery”PIISD, City, HEB celebrate 10 years of community ThanksgivingBy DINA ARÉVALO Port Isabel-South Padre Press Approximately 2,000 people were expected to take part in the 10th Annual HEB Feast of Sharing Wednesday night, and if the crowded tables at the Port Isabel High School gym were any indication, those expectations were met. HEB partners with communities throughout Texas…November 16, 2018In “News” Hundreds enjoy community Thanksgiving dinnerBy DINA ARÉVALOPort Isabel-South Padre Presseditor@portisabelsouthpadre.comIt was a packed house inside the Port Isabel High School gym last Wednesday evening as hundreds of local residents turned out to partake in some good food and good fun. It was all part of the 8th Annual Feast of Sharing, sponsored by HEB, and hosted in partnership with the Point Isabel Independent School District and the City of Port Isabel.“This is a wonderful community event that, for many people, kicks off the holiday season,” said Dr. Lisa Garcia, superintendent of schools, above the din of the happy crowd.The Feast features a traditional Thanksgiving turkey dinner, complete with all the trimmings: stuffing with gravy, mashed potatoes, green beans, cranberry sauce, a dinner roll and a slice of pumpkin pie. All are welcome to enjoy the meal, free of charge, Dr. Garcia explained.“The meal is sponsored by HEB and the food service department Point Isabel ISD prepares all the food,” she said.Want the whole story? Pick up a copy of the Port Isabel-South Padre Press, or subscribe to our E-Edition by clicking here.last_img read more

Lady Argos Tampa Bound

first_imgLady Argos Tampa Bound PENSACOLA, Fla. — The No. 2 ranked University of West Florida women’s soccer team took down No. 3 Columbus State 1-0 Sunday afternoon in the NCAA Quarterfinal round at the UWF Soccer Complex. The hard fought battle by the Argonauts gave them their first ever birth into the Final Four in program history.Dernelle Mascall netted the only goal in the match coming in the fifth minute.  Jodi Galucci sent a corner kick into the box for Mascall who headed the ball into an open net giving the Argos the 1-0 lead.  Defense was the name of the game today as both teams were evenly matched across the board.  UWF managed to fire off 11 shots to the Cougar’s six.  Columbus St. held the advantage in corner kicks, leading the count 6-5.This is the second time this season that the Argonauts have beat the Cougars when they have been ranked inside the top five.  The first win came a little over a month ago when the No. 5 ranked Cougars came into town and were handed a 5-0 shutout loss by the Argos.The Final Four matches will take place December 4th and 6th at Pepin Stadium on the campus of the University of Tampa.For more information on Argonaut athletics or to follow along with live stats, fans can keep up with the action at Print Friendly Version Sharecenter_img Junior Kaley Morris ( last_img read more

Miyazaki claims bronze at World Cup

first_img IN FIVE EASY PIECES WITH TAKE 5 ATHENS – Japan’s Takiri Miyazaki snatched the bronze medal Thursday at the 14th FINA Diving World Cup in Athens from the 10-meter platform in the women’s event.“This is my first time to get on the podium at a big international event and my happiness is hard to describe,” Miyazaki said. “My next step is to raise the dive difficulty for the Olympic Games.” GET THE BEST OF THE JAPAN TIMEScenter_img Miyazaki, 25, was considered an underdog in the finals, having finished ninth at the semifinals, but managed to earn a total of 513.15 points, leaving world champion Emilie Heymans of Canada to settle for fifth place.“She did not have high difficultly dives, but the fact that she was consistent in all of them gave her a place on the podium,” Japanese head coach Keita Kaneto said.Laura Wilkinson of the United States, the Sydney Olympic gold medalist in the event, won with 553.53 points and Australian Loudy Tourky came in second with 537.09 points. last_img read more