Articles and Updates
If you receive an invoice from any third party, other than your trade mark or design agent, be careful; it may be a scam to get money from you! For our clients, any requests for payments will come directly from us. Charlene Nelson, Chartered Trade Mark Attorney and Paul Cox, Partner, provide further insight.
When an employment (or other contractual relationship) comes to an end, the potential mis-use of confidential information and/or the loss of client relationships can give rise to harsh, and potentially very costly, consequences for businesses. For that reason, many businesses try to protect themselves in the case of a departing employee/adviser by seeking to rely on post termination restrictive covenants ("PTRs"). Alan Hughes, Partner, Claire Holland, Partner and Terence Dickens, Legal Director provide further insight.
The Supreme Court is shortly due to deliver its judgment in the appeal of Sevilleja v Marex Financial Limited  EWCA Civ 1468. James Gliddon, Partner provides further insight.
China has a first-to-file trade mark regime, making it imperative that businesses apply for registration at the earliest opportunity. If this is not done, it will cause all sorts of problems for businesses as the Chinese system does not recognise trade marks registered in other jurisdictions and will grant protection to those who file first in China. Charlene Nelson, Chartered Trade Mark Attorney and Paul Cox, Partner, provide further insight.
WHOIS searches can be a useful tool to enable brand owners to identify third parties who are operating websites which include material or goods which infringe the relevant IP rights. In the past, the searches have listed the owner of the domain name, their contact details and email address.
If implemented correctly, the SM&CR can have a positive effect on your business. It may seem administratively burdensome at this stage and implementation may appear daunting, but feedback from the banks, who have already implemented the new regime, has been positive. Some banks have commented that it has resulted in better ownership of issues and has resulted in faster decision making. Laura Autiero, associate, provides further insight.
The new Senior Managers & Certification Regime (the SM&CR) comes into force on 9th December this year. There are a number of things that firms need to do and consider before the implementation date. This can seem quite overwhelming, especially with the deadline looming. We have therefore produced a timeline with key monthly milestones which, provided you follow, will ensure that you are ready to go come the 9th December. Each month we will be sharing more detailed information about how to go about implementing each milestone.
Protecting music venues from new developments
Music venue owners and pub landlords across the country are worried about the impact of new, nearby housing developments – and the noise complaints which invariably result.
Our specialist planning team has developed a solution for protecting venues from noise complaints.
Boots, Arcadia and M&S have all played a huge, historical part in the British retail market. They aren't just staples of the sector but have been valuable anchor tenants in shopping centres, high streets and out of town parks for decades.
Once goods are placed on the EEA market by or with the consent of the trade mark proprietor, the trade mark proprietor is unable to interfere with the free circulation of those goods around the EEA. This is known as the exhaustion of rights, or first sale doctrine. Paul Cox, partner, provides further insight.