Articles and Updates
A recent UK trade mark opposition case provides a useful reminder of the importance of carrying out trade mark clearance searches before you start to use a trade mark or file for a trade mark application. Charlene Nelson, Chartered Trade Mark Attorney, looks at how issues could be avoided.
Danielle Spalding, associate and property litigation specialist looks at he increase in claims involving farming families over the last few years where the son or daughter brings a claim alleging that their parents have failed to honour promises made to them about passing down the farm. These claims are based on the legal principle of proprietary estoppel.
Companies spend significant resources creating know-how, innovations and trade secrets which make their businesses more competitive and attractive to customers.
As a consequence, companies need to do all they can to prevent the disclosure and misuse of such information. Paul Cox delves into the issue and the practical considerations for businesses.
Charlene Nelson, Chartered Trade Mark Attorney, provides some guidance around .eu domain names.
The European Commission have issued a notice confirming that from 30 March 2019 (the date currently set for Brexit), undertakings and organisations based in the UK, and individuals who reside in the UK, will no longer be eligible to register or renew the top level domain for the EU - .eu. The effect of Brexit is likely to mean that these entities will no longer meet the registration criteria.
In recent years, the Courts have shown a tighter approach to passing off.
The requirements of a passing off action were set out by Lord Diplock in Erven Warnink v Townend (Advocaat), where he stated that a passing off action required misrepresentation; in the course of trade; to prospective customers or ultimate customers; calculated to injure the business or goodwill; and which causes actual damage, or will probably do so. These requirements were further refined into the ‘classic trinity’ (discussed below) established in Reckitt and Coleman v Borden.
Vcast Ltd v RTI SpA
Court of Justice of the European Union
29 November 2017
For businesses using cloud data storage tech, the litigation landscape is likely to remain cloudy while awaiting CJEU preliminary references and new case law to establish precedents.
Jennifer Agate comments on the recent legal action against Google.
In a case which could have wide-ranging implications, a businessman has won a legal action against Google, compelling the company to remove search results appearing about a previous criminal conviction. A second businessman was not so successful. The decision clarifies to some extent the circumstances in which search engines must delist certain historic convictions on request, for example (as seen in this case), where the nature of the conviction includes dishonesty and a risk of reoffending.
Dickon Court, Senior Associate, comments on a decision about software and the Commercial Agents Regulations.
Good news for software companies and licensors. The Court of Appeal has refused to apply the Commercial Agents Regulations 1993 to agencies for the supply of software.
The Commercial Agents Regulations have always seemed a bit odd to lawyers and businesses in this country. Amongst other things, they state that when a commercial agency agreement is terminated, the principal has to pay the agent compensation unless agreed otherwise. That compensation can be very large, possibly being calculated as if the whole value of the agency was a separate business on the market. The rationale for all of this is to protect agents, who are deemed to be in a weaker bargaining position.
We have all seen the headlines in recent months about inheritance and family feuds. These disputes can be incredibly distressing, time consuming and expensive for those involved. By making a will and taking advice from a lawyer or professional will drafter you can seek to avoid your loved ones being embroiled in a fight over your estate on your death. This is particularly important where complicated family dynamics or long term financial dependency relationships are at play. However, making a will is not always the end of the story. Alex Rogers, senior associate, looks at how The Court can play its part.
Dickon Court, Senior Associate, provides insight into the next big thing in warehousing and distribution.
What is the next big thing in warehousing and distribution? I keep hearing about robots. Amazon and Ocado have taken the headlines so far, but a change is coming throughout the retail and distribution industry. I have been hearing from retailers suggested that this is the emerging technology which will have the most significant impact on retail.