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Speculative invoicing or protecting your ipr?

Written by Michael Coyle on 07 March 2015

A legitimate cause of action or speculative invoicing? There are infringements online. Many.Its wrong. It follows that copyright owners have a legitimate interest in obtaining legal remedies to stop such infringements for example by issuing a claim in the Intellectual Property Enterprise Court ( IPEC) or via IPEC's small claims court. But when does the right to enforce your intellectual property rights cross over to become speculative invoicing?
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Supreme. A monopoly too far when it comes to pet food

Written by Michael Coyle on 07 March 2015

The High Court last week dismissed an action for trade mark infringement brought by the owner of five UK and Community trade marks featuring the word "supreme" against a competitior. (Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd [2015] EWHC 256 (Ch), 12 February 2015.) The case dragged on for days, cost a small fortune and one wondered why? http://www.bailii.org/ew/cases/EWHC/Ch/2015/256.html
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Hall & Oates only in America

Written by Michael Coyle on 07 March 2015

Hall and Oates the US musical twosome ( young people take note they were famous in 80s) are suing a Brooklyn-based cereal firm, claiming its granola Haulin' Oats infringes their trade mark.
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Playboy takes on Playboy

Written by Michael Coyle on 21 February 2015

Michael Ross is currently suing Playboy according to Bloomberg http://www.bloomberg.com/topics/intellectual-property. The dispute concerns Mr Ross's use of playboy.london.
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Unregistered Rights - where to sue

Written by Michael Coyle on 23 January 2015

Horrible problem for anyone - where to sue? Especially when an unregistered right like copyright has been allegedly infringed online, where and what court has jurisdiction to decide the resulting case?
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Private Landlords Beware

Written by Rehana Ali on 23 January 2015

Since April 2007, landlords have been under an obligation to protect deposits paid under an assured shorthold tenancy, a recent decision by the Court of Appeal indicates that this rule may now even apply before the scheme even started?
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Rihanna wins appeal against Topshop

Written by Michael Coyle on 22 January 2015

Rihanna, the world famous pop star, wins appeal about the sale of fashion garments by Topshop bearing her image. Background During one of Rihanna’s photoshoots to promote her "Talk That Talk" a photographer ( the owner of the work) took a photo and licensed it to Topshop. In 2012 Topshop began to sell in its stores and through its website a fashion t-shirt with the image of Rihanna.
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ADR and Litigation

Written by Rehana Ali on 13 January 2015

The following article takes a fleeting look at some of the types of ADR available to parties as alternatives to litigation.
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Summary Judgment - A guide

Written by Michael Coyle on 14 December 2014

How To Obtain A Summary Judgment For Money Claims A civil dispute can be time-consuming and expensive. One way to bypass the whole process is to issue an application for summary judgment, if granted, it enables you to obtain Judgment at an early stage.
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Google Fed Up

Written by Daniel Selby on 11 December 2014

Google closes their news site in Spain after a change in intellectual property law.
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Damages- What can I claim?

Written by Mekael Rahman on 30 November 2014

Damages - What Can I Claim? When one or more contracting parties are in breach of a contract/ agreement, an award of damages (the principal remedy in English law) is generally granted to the adversely affected entity.
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Allocation and Part 26 CPR 1998

Written by Rehana Ali on 28 November 2014

The following articles look into the process of allocation and the use of allocation questionnaires in litigation as prescribed by the Civil Procedure Rules 1998. Part 1 is a general introduction to the process of allocation and part 2 looks in depth at the contents of an allocation questionnaire.
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Ford denied trade mark protection in Russia

Written by Michael Coyle on 14 November 2014

Ford Motor Company has lost its case against Federal Service for Intellectual Property, Patents and trademarks (Rospatent). A recent Court ruling has denied trade mark protection for its iconic blue oval logo with the word 'Ford'.
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Urine and litigation news

Written by Michael Coyle on 19 September 2014

Goalkeeper threatens to sue the fans having drinking from his water bottle only to discover its was their urine..ugh...talk about fans taking the..........
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Deadmau5 takes the Mickey

Written by Thomas Mould on 18 September 2014

Deadmau5, the famous DJ known for his use of a mouse mask on stage sought to protect his trade mark image but got more than he bargained for.
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No heading please- its dangerous

Written by Michael Coyle on 30 August 2014

In what will be a significant blow for Marouane Fellaini a claim has been issued by a group of individuals in the USA against FIFA. The claim is founded on the risks of heading a football.
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Zara shoots the sherrif!

Written by Michael Coyle on 28 August 2014

The importance of doing clearance searches on all aspects of IP was highlighted yesterday as the well known high street retailer Zara launched what it thought was a cool and trendy top - 'western' style, only to be faced with a barrage of criticism for the shirt's resemblance to the shirts worn by those in concentration camps during the Holocaust.
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Costs. Loser pays legal costs

Written by Michael Coyle on 10 August 2014

Loser pays the other side’s costs Its fairly obvious but just in case you did not know under English law the basic principle is the loser pays the winner's legal costs. Often this means a contribution only.....
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No Lien Over Data

Written by Muhammed Poswall on 08 August 2014

The article discusses whether a lien can be placed over data in light of the decision in Your Response Ltd v Datateam Business Media Ltd.
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Jaw Jaw...not war war!

Written by Michael Coyle on 05 July 2014

If you do enter in to a dispute always talk talk and talk, its better than war war war! Nothing surprises us anymore but a recent case highlighted how important it is that the parties in a dispute continue to talk. The case was Bristol Groundschool Limited as the Claimant against Intelligent Data Capture as the Defendant http://www.bailii.org/ew/cases/EWHC/Ch/2014/2145.html
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Implied terms, claim fails on two counts

Written by Michael Coyle on 28 June 2014

The Intellectual Property Enterprise Court dismissed an action for passing off and breach of contract by the claimant Orvec a company which traded in textile products aimed at airlines for use by their passengers. You know... pillows, blankets, headrest covers, tray mats and towels.......Orvec’s opponent was an advertising agency.
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Wonga shows its true colours

Written by Michael Coyle on 25 June 2014

It was heavily reported today that Wonga has been ordered to pay more than £2.6m compensation after it was found to have sent threatening letters to customers from non-existent law firms! The Financial Conduct Authority ('FCA') said Wonga was guilty of "unfair and misleading debt collection practices".
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Written by Michael Coyle on 21 June 2014

The increasingly brilliant website WordPress has called time on those copyright holders who seek to abuse US Copyright laws and use lawyers to censor perfectly legal content. Most requests are legitimate, but it is seeking to prevent those abusive takedown notices which take up a lot of the company’s time and resources.
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WIPO and Domains

Written by Michael Coyle on 15 June 2014

Filing a complaint against a domain name holder with WIPO Arbitration and Mediation Centre We seem to be getting more and more domain name complaints. The main reason is cyber squatting. Another regular occurrence of domain name disputes arises where IT providers register a client’s domain name in order to fulfil their required services. Where there is a breakdown of relations the IT provider is often left as the registered owner of their client’s domain name.
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The Claimant has no money but he is suing me HELP!

Written by Michael Coyle on 13 June 2014

It is a familiar problem. The Defendant is confident of their defence, but fearful about the prospect of recovering costs from the claimant, should his claim fail. That is the Claimant will simply wind his company up and call it a day. One option may be to consider Security for Costs.
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eBay data breach; now its getting serious

Written by Rehana Ali on 24 May 2014

Action against ebay hots up The UK's information commissioner has stated that it is working with European data authorities with a view to taking action against eBay's recent data breach. It is claimed that some 145 million users have been affected. Everyone at Lawdit affected too and we have all changed our data information.
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Getting it right from the outset

Written by Michael Coyle on 22 May 2014

It is so important that clients understand the importance of carrying out a full review before a claim is issued or applications issued. The claim is important and a client who is too eager to commence a claim or see justice done can often backfire in a big way. This was highlighted this week in Case: Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd [2014] EWHC 1533 (TCC) (15 May 2014).
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Mitchell – Is the tide turning?

Written by Muhammed Poswall on 09 May 2014

The article looks at the decision in Mitchell v News Group Newspapers and provides a look at the approach the courts have taken since that decision.
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UK aims to stop copycat packaging

Written by Michael Coyle on 26 April 2014

The British government has called for evidence on whether to give to businesses a new civil injunctive power to stop copycat packaging, under the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) (CPUT).
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Getty, Copyright and settlement

Written by Michael Coyle on 15 April 2014

Getty Images is the worldwide renowned image database which offers for by way of license millions of images for sale. So what happens if you receive a letter from Getty/debt collectors/solicitors threatening you with a claim? ....Well read on............
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Preparing a Bundle for Court

Written by Michael Coyle on 30 March 2014

Going to Court can be a daunting matter and there are many things that have to be sorted before the trial. One of the most important is the bundle, this contains all the documents relating to the case which gives the Judge a proper view of the case and access to the documents that are to be relied upon. A Bad bundle will result in a lost case. A good bundle will often result in a positive outcome and a happy Judge. Always keep the Judge happy!
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Employment Tribunals and CPR Rules on Witness Statements

Written by Rehana Ali on 28 March 2014

A witness statement created for the purpose of a hearing must deal with all the issues an Employment Tribunal must consider in relation to a parties claim. The following article details the required form and content of a witness statement according to the Civil Procedure Rules (CPR).
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New EU powers to seize counterfeit goods

Written by Michael Coyle on 26 March 2014

New laws have been approved by the European Parliament to extend national authorities powers within the European Union (EU) to seize and confiscate counterfeit goods travelling through Europe even if they are destined for a non-EU country.
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Pothole law-grrrrrrr

Written by Michael Coyle on 08 March 2014

Every council ought to have a reasonable system in place to ensure that they regularly inspect roads and repair them if necessary. So the first point of call is to enquire if they have the above in place. You do this by making a freedom of information request. Then what? Read on.................
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Arsenal v Reed - Back on?

Written by Michael Coyle on 01 March 2014

Mathew Reed used to sell unofficial Arsenal goods outside of the then Highbury Stadium. Arsenal filed a claim claiming that Reed was selling its trade marks and intellectual property without a licence and therefore was trade mark infringement.
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How we get paid- Costs!

Written by Michael Coyle on 01 March 2014

In litigation the general rule is the loser pays the winner costs. Costs means legal costs. So what you pay your legal team in solicitor's, barristers and other expenses ie experts, surveys, etc. Where the claim is for more than £10,000 then we get paid once the case is won and costs are assessed by a court but how do they come to a final figure?....read on....
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Discovery and the need to diclose

Written by MichaeL Coyle on 01 March 2014

A key part to any litigation is Disclosure and Disclosure reports. The arguments cropped up this week when disclosure reports were discussed at the Intellectual Property Enterprise Court. Here the Defendant refused to disclose reports.
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Witness Statements

Written by Muhammed Poswall on 14 February 2014

The article discusses the importance of witness statements and when they are needed in litigation.
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Security for costs

Written by Aasim Durrani on 07 February 2014

An overview of the court's considerations when deciding whether to make an order for security of costs.
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Unfair Dismissal - The Basics

Written by Michael Coyle on 24 January 2014

A key part to any business is the relationship between employer and employer. Often the issue of unfair dismissal crops up. Let's take a look.
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Dispute and the CPR

Written by Michael Coyle on 08 December 2013

The rules that govern civil litigation in England and Wales can be found in the the Civil Procedure Rules (‘CPR’). The CPR applies equally in the county court as in the High Court. Prior to the CPR we had to deal with the white book and the green book for the High and County Court respectively- which was horrid.
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Patents and Damages

Written by Michael Coyle on 08 December 2013

You've won the case, yippeee! Now the problems really start! So finally, after three years of your life, £50,000 in fees and god knows how much weight and hair loss, the Judge agreed that your patent has been infringed. You party all night long only to be told that now you have to have damages assessed and that your problems are not yet over. The key question is how do you assess damages and will you ever see any money? Its your job after all to prove loss not the Defendant's.
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Passing off. Goodwill in a place of business

Written by Michael Coyle on 23 November 2013

The principles of the law of passing off can be summed up as follows:- (1) that the claimant's goods or services have acquired a goodwill or reputation in the market and are known by some distinguishing feature; (2) that there is a misrepresentation by the defendant (whether or not intentional) leading or likely to lead the public to believe that goods or services offered by the defendant are goods or services of the claimant; and (3) that the plaintiff has suffered to is likely to suffer damage as a result of the erroneous belief engendered by the defendant's misrepresentation. But how does this apply to a place of business?
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Challenging a company name

Written by Michael Coyle on 23 November 2013

When I was at Law School the Act of Parliament that any aspiring commercial lawyer would be required to know was the Companies 1985. This was replaced by the Companies Act 2006 (the 2006 Act) which replaced the company law provisions of the Companies Act 1985. An important part of the 2006 Act introduced sections 69 to 74 ie objections to company names. There soon followed the Company Names Adjudicator Rules 2008 which came into effect on 1 October 2008.
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What is a reasonable notice period?

Written by Michael Coyle on 16 November 2013

A case that was originally about passing off turned in to a contractual dispute over what was deemed to be reasonable notice in a supply contract. Hamsard 3147 Ltd (t/a Mini Mode Childrenswear) v Boots UK Ltd [2013] EWHC 3251 (Ch), 31 October 2013, Norris J. The claim was mainly concerned with the termination of an agreement between Boots and its former childrenswear supplier, Hamsard 3147 Ltd ('Hamsard'). The latter sought damages for wrongful termination of the supply contract. The Judge identified four key points but the main issue was whether 9 months' notice to terminate the contract was a reasonable period or was it too short?
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Court fees, what you would expect to pay

Written by Michael Coyle on 16 November 2013

Putting aside your legal fees - (depending on the solicitor and location you will pay anywhere from £150-600 per hour), you will also need to budget for court fees.
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Dyson and Samsung litigate

Written by Michael Coyle on 20 October 2013

Dyson the iconic British brand have commenced legal action in the English High Court against Korean giant Samsung over the alleged infringement of Dyon's patents and designs. Dyson is well know for protecting its IPR. in the past 20 years Dyson has spent vast amounts of money in filing and securing its portfolio and also in protecting its intellectual property by litigation. At present Dyson are involved in 13 legal battles. This is not the first time that Dyson have issued legal proceedings against Samsung, In 2009 Dyson successfully sued Samsung for trying to patent its “triple-cyclone”patent, as a result Samsung were forced to pay Dyson £600,000.
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A dispute in a letter. Scrabble letter

Written by Michael Coyle on 20 October 2013

Mattel the owner of Scrabble has accused Zynga of infringing four trade marks. This article focuses on one of the four alleged infringements. The trade mark in question (UK no. 2154349) is described as “a 3d ivory-coloured tile with a letter of the Roman alphabet and a number from one to ten on the top”. This trade mark was registered in three classes one of which was under class 9 for computer game adaptations of board games.
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Jaw Jaw better than War War

Written by Michael Coyle on 13 October 2013

Jaw Jaw not War War. Make a Part 36 offer! Entering discussions with a view to settling the dispute is always a good idea. You of course will have to compromise but its better than losing everything if the case goes against you. Remember loser pays winner and its a brutal business. This article looks how you do this. Its all contained in the CPR and Part 36.
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Ryanair Defamation Dispute with Daily Mail Settled

Written by Rehana Ali on 13 September 2013

The budget airline Ryanair has been pursuing claims for defamation against a number of organisations for defamatory comments including Channel 4, the Daily Mirror and The Independent newspapers, in particular Ryanair recently sued the Daily Mail newspaper for an article that suggested pilots employed by Ryanair had raised concerns that the airlines fuel policy may have been putting passengers at risk.
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Rihanna v Topshop

Written by Harmeet Singh, a work experience student at Lawdit Solicitors on 22 August 2013

A brief note on the recent case of Rihanna v Topshop.
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Electronic Disclosure - Multi-Track

Written by Michael Coyle on 08 August 2013

This article discusses electronic disclosure and Practice Direction 31B in Multi-Track claims and the requirements of the parties since the Jackson reforms.
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Rihanna and Top Shop fight over use of her image name

Written by Michael Coyle on 31 July 2013

Topshop the well known fashion retailer lost a High Court claim this week to Rihanna the famous pop star. In March 2012 Topshop sold a t-shirt with an image of Rihanna on it. The image was a photograph taken by an independent photographer. Topshop had a licence from the photographer but no licence from Rihanna. Rihanna contended that the sale of this t-shirt without her permission infringed her rights. Topshop disagreed. A court case ensued. The Judge made clear that there is no such law in the UK for "image rights" however the media wishes to sell this. The case concerned passing off. Unsurprisingly Rihanna won. Damages to be assessed at a later stage.
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Pre-Action Conduct

24 July 2013

This article discusses the history of pre-action conduct/protocols, practice directions for pre-action conduct, complience and preaction correspondence.
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Case Management

Written by Michael Coyle on 19 July 2013

This article discusses the principles a court will take into account when deciding where to allocate a claim. The multi-track, the fast-track and the small claims track.
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Without Notice Applications (formally Ex parte Application)

Written by Michael Coyle on 23 June 2013

The general idea, is that an Order should not be made against a party without that party being given an opportunity to be heard. However, it is possible to make an Application without notice to the Respondent. This article discusses that option.
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Issuing a Part 8 Claim

Written by Michael Coyle on 17 June 2013

This article discusses how to issue and a Part 8 Claim, fees, acknowledge service, evidence in opposition, time frames, evidence, allocation etc.
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Default Judgments (General Overview)

Written by Michael Coyle on 13 June 2013

This article discusses Default Judgments and explains how they are not determined by a trial but are an administrative process. The article discusses how a Claimant can file for a Default Judgment of an Acknowledgement of Service and Defence; how to make the Application; what the application can be for; when a Claimant cannot file for a Judgment in Default and more.
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Trade mark infringement damages – the 'user principle' (finally!)

Written by Michael Coyle on 07 June 2013

This article discusses the ‘user principle’ which is typically used in patent cases to work out damages. Very often the problem in trade mark infringement cases is trying to determine damages. so being able to apply the user principle makes the assessment of damages simplier. In the recent case of 32Red -v- William Hill, the Court the Judge implemented the user principle when assessing damages in trade mark saying that the principle should be based on ‘objective’ factors and should not be based on the ‘specific characteristics and circumstances’ of the parties to the claim.
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Personal Injury - Schedule of Loss

Written by Michael Coyle on 03 June 2013

This article discusses the schedule of the financial losses known as a Schedule of Loss incurred by a party in a personal injury case and the heading and sub heading within.
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Sale of faulty goods to a consumer - Remedies

Written by Michael Coyle on 28 May 2013

This article discusses consumer rights, reasonable time for examining goods purchased, options available to consumers in different circumstances. Currently, where the goods purchased are less than 6 months old it is presumed that the goods were faulty at the time of purchase and the consumer can reject goods by returning the goods for a full refundand can sue for damages for other foreseeable losses due to the faulty goods.
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Issuing a Claim in the Patents County Court

Written by Michael Coyle on 24 May 2013

This article discusses where to issue a Claim in the Patents County Court, the procedure for issuing a claim including the Practice Direction on Pre-action Conduct, service of documents, the rules on time limits for filing a Defence and/or Reply and the requirement to comply with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct).
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Issuing a Claim at IPEC

Written by Michael Coyle on 24 May 2013

This article discusses where to issue a Claim in the Intellectual Property Enterprise Court, the procedure for issuing a claim including the Practice Direction on Pre-action Conduct, service of documents, the rules on time limits for filing a Defence and/or Reply and the requirement to comply with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct).
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Jurisdiction: An Overview

Written by Aneela Akbar on 20 May 2013

An overview of jurisdiction and the two rules determining whether or not the English courts have jurisdiction to resolve a dispute.
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Part 20 additional claims against a third party.

Written by Michael Coyle on 18 May 2013

This article is about Part 20 additional claims against a third party and discusses the filing of a Part 20 Defence where permission from the Court is required, service of the claim, time limits etc.
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Motorola v Apple

Written by Rehana Ali on 07 May 2013

Motorola Mobility as owned by Google is reported to have abused its position in the German Mobile market following the filing of a patent injunction against Apple
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ADR Disadvantages

Written by Michael J Coyle on 16 February 2013

As a general principle, no one can be forced to resolve a dispute by any form of ADR, such as mediation and conciliation, against their wishes. If a party suggests ADR to resolve their problems, the other party does not have to agree and most ADR procedures allow any party to withdraw at any stage prior to a solution is agreed. There are several disadvantages to dispute resolution, which often affects both parties sentiment to settle. So lets take a look!
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SRA publishes press release

Written by Michael Coyle on 13 September 2011

An email today from the SRA entitled "Davenport Lyons: Greed clouds judgement and results in 20K fine", pretty much sums up how many of the hundreds of clients we acted for felt.
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Space Airconditioning Plc -v- (1) Mr Guy; and (2) Smith Brothers Stores Limited

Written by Riyaz Jariwalla on 08 August 2011

In May 2011 the High Court heard Space Airconditioning Plc's case against (1) Mr Adrian Guy; and (2) Smith Brothers Stores Limited in a claim that alleged extraction, retention and use of confidential information by the first defendant, Mr Adrian Guy, and alleged inducement by the second defendant, Smith Brothers Stores Limited of confidential information.
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ASA Rule Against TalkTalk

Written by Ben Evans on 22 July 2011

The Advertsing Standards Agency (ASA) have decided that a TV advert for telecoms company TalkTalk was misleading and cannot be shown again.
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Hackers and Hacking

Written by Michael Coyle on 08 July 2011

A look at the laws surrounding the RIPA and the DPA. News International in big big trouble.
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Rio seeks privacy

04 July 2011

Rio Ferdinand has requested Justice Nicol prevent further details of his private life from being exposed.
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ATVOD and On Demand TV

Written by Michael Coyle on 01 July 2011

Frankie Boyle and Playboy's Climax 3 highlights the differences required for adult services.
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Choice of law clause

Written by Michael Coyle on 13 June 2011

I am often asked whether a client can apply the laws of England and Wales in the event of a dispute. For example what happens if one party wishes Scottish law to apply but our client wants English law to apply? The only party that can apply the choice of court is a court of course.
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The end of the Tweet

Written by Michael Coyle on 21 May 2011

The high court yesterday granted an order against Twitter for disclosure of those persons tweeting.
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Max Mosley goes to European Court

Written by Michael Coyle on 10 May 2011

Today the European Court of Human Rights has rejected Max Mosley's ('MM') application concerning Article 8 seeking an introduction in to English law that would legally bind the media into notifying an individual when an article discloses information about him/her.
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British Banks Lose Judicial Review

Written by Aneela Akbar on 09 May 2011

The UK banks have lost judicial review on the miss-selling of Payment Protection Insurance and are now made to contact victims of this scandal even if they have not made a complaint.
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Kingspan v Rockwool

Written by Inam Ali on 10 March 2011

A look at the recent case of Kingspan v Rockwool which dealt with issues of trade mark infringement and comparative advertising.
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JIH wins anonymity appeal

Written by Aneela Akbar on 31 January 2011

An established sportsman known as JIH has won rights to anonymity over sex life claims today at a court appeal.
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Lush attacked by hackers

Written by Aneela Akbar on 26 January 2011

The cosmetics website lush has been suspended after hackers successfully attacked the website having targeted it for several months.
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Miriam O'Rielly wins ageism case against BBC

Written by Aneela Akbar on 13 January 2011

The BBC presenter Miriam O’Reilly aged 53, well known to host the Countryfile show has won her battle at the Employment Tribunal after she claimed that the BBC had discriminated against her for being ‘too old’.
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Exception to without prejudice rule

Written by Paul Bicknell on 01 December 2010

Article takes a look at the case of Oceanbulk Shipping & Trading SA (Respondent) V TMT Asia Ltd & Ors [2010] UKSC 44 which found a new exception to the without prejudice rule.
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Ofcom Revoke Adult TV Licence

Written by Jody Tsigarides on 26 November 2010

The Office of Communications (Ofcom) which regulates communications in the UK has revoked the licence of 4 Adult TV channels.
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Tate & Lyle v Roquette Freres 2010 EWC 2010

Written by Jean-Michel Omanga on 27 October 2010

The case related to the validity of a European patent to Roquette Freres. The patent described processes for synthesising a sugar substitute maltitol by hydrogenation of maltose.
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The fight over the Lotus name

Written by Jean-Michel Omanga on 20 October 2010

This article discusses the dispute which has arisen over the right to the grid under the name Team Lotus between Lotus Ventures and Group Lotus.
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Farrall v Kordowski [2010] EWHC 2436

Written by Nesa Ahmed on 18 October 2010

Defamation - The claimant applied for an interim injunction in order to restrict the publication of defamatory words appearing on the website - solicitorsfromhell.co.uk, run by the respondent Kordowski.
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Google can use brand names in search advertising.

01 October 2010

In the Google France Sarl v Louis Vuitton Malletier SA (C-236/08) [2010] E.T.M.R. 30 appeal case, the ECJ held that by allowing advertisers to purchase their competitors trade marks in the form of keywords Google has not infringed trade mark law
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BBC Success in TV Format Infringement Claim

Written by Ben Evans on 09 September 2010

After an unsuccessful case in the High Court last week the BBC have at least been successful in a case this week. Robert Meakin brought a claim for copyright infringement against the BBC on the basis that the BBC alledgedly copied his idea for a game-show.
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The Stig Unveiled

Written by Ben Evans on 06 September 2010

The media has been hot with reports of the unveiling of the Stig. Petrolheads will know this character from BBC Two car show Top Gear, more recently however the Stig and more importantly who actually is the Stig has recently been the cause for a High Court battle.
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Trafigura fined in Dutch court

Written by Tim Mount on 25 July 2010

Trafigura back in court after marathon UK outing, this time being fined one million euros for the illegal dumping of toxic waste in Ivory Coast, alleged to have caused injury.
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Mother stranded in Pakistan

Written by Tim Mount on 27 June 2010

Mrs Justice Mary Hogg rules Pakistani mother was taken away by force from the UK and her 2 month old prematurely born baby, and deliberately stranded without her documents at her parent's house in Pakistan.
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PCC Rules in Favour of Loaded

Written by Ben Evans on 13 May 2010

The Press Compaints Commission (PCC) have found in favour of the men's magazine 'Loaded' over the use of photos of a 15 year old which had been uploaded to social networking site Bebo.
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Unreasonable Liability Clause

Written by Ben Evans on 13 May 2010

The High Court has ruled that a clause in a software contract to the effect that customers could not take any action against it for the poor performance of the software was unfiar and thus could not be enforced.
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Dee v The Telegraph

Written by Ben Evans on 07 May 2010

A professional tennis player dubbed the "world's worst tennis pro" has lost in a claim against the Telegraph newspaper.
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Database Rights and Football Fixtures

Written by Ben Evans on 30 April 2010

A High Court case has decided that there are no database rights in fixure lists for English and Scottish football leagues but instead they do benefit from copyright protection.
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Twentieth Century Fox (and others) v Newzbin [2010]

Written by Ben Evans on 15 April 2010

Twentieth Century Fox v Newzbin [2010], the judgement for this case was released a few weeks ago and has already sent shockwaves through the industry. This article considers the judgement and it's effects on service providers.
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Green Day Image Dispute

Written by Jody Tsigarides on 06 April 2010

It has been reported that legal action has been commenced against the popular band Green Day.
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Becker v Becker

Written by Jody Tsigarides on 01 April 2010

The trade mark opposition dispute between Harman Int Industries and Barbara Becker rumbles on.
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Burberry v TJ Maxx et al

Written by Jody Tsigarides on 30 March 2010

It has been reported that three stores operated by TJX Cos (TJ Maxx, Marshalls and HomeGoods stores) are subject to a legal action by Burberry.
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A Marvel of a Claim

Written by Jody Tsigarides on 25 March 2010

The dispute between the owners of the Marvel Comics and the heirs to one of its creators appears to be rumbling on.
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Sugababes - Battle of the Bands

Written by Jody Tsigarides on 23 March 2010

Former Sugababes member Mutya Buena has applied to the European Trade Mark Office (OHIM) for an EU trade mark registration for the term 'Sugababes'.
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Boom Boom Claim

Written by Ben Evans on 12 March 2010

The Black Eyed Peas have reportedly been accused of plagiarism by rapper Phoenix Phenom and songwriter Manfred Mohr.
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Markerstudy v Endsleigh

Written by Ben Evans on 07 March 2010

The High Court has ruled that a contractual liability cap applies to contractual interest but not to statutory interest.
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Stelios and Pinocchio

Written by Ben Evans on 20 February 2010

The founder of budget airline easyJet is in a legal dispute with the chief executive of rivals Ryanair.
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Jan Moir Cleared By PCC

Written by Ben Evans on 20 February 2010

The Press Complaints Commission (PCC) has decided that an article in the Daily Mail about the death of Stephen Gately did not break the rules for editors.
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Google and Goojje

Written by Ben Evans on 20 February 2010

Google are in a trade mark dispute over a Chinese website called 'Goojje'.
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Defamation and Wedding Singers

Written by Ben Evans on 08 February 2010

A case involving a group of wedding singers and their booking agents is set to trigger the Supreme court to consider what consitutes 'fair comment'.
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John Terry and Super Injunctions

Written by Ben Evans on 08 February 2010

The recent High Court hearing regarding ex England football captain John Terry has received constant media speculation regarding the law of privacy in the UK.
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Super Injunctions

Written by Michael Coyle on 01 February 2010

England and Chelsea captain John Terry lost in his attempts at continuing with an injunction previously granted a week last Friday after the high court overturned a superinjunction yesterday.
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Case T-460/07

Written by Ben Evans on 21 January 2010

Nokia have failed in their attempts to register the mark 'Life Blog'.
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Damages awarded against Microsoft

Written by Jody Tsigarides on 30 December 2009

It has been reported that Microsoft has been ordered to pay a Canadian Software company $290.00 million dollars for patent infringement.
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Manson Case Settled

Written by Jody Tsigarides on 28 December 2009

The ongoing dispute between the performer Marilyn Manson and his former band mate Stephen Bier has reportedly been settled.
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Debt Recover - The Steps

Written by Jody Tsigarides on 22 December 2009

Bad debt is a problem suffered by most businesses. A bad debt is where the business is owed money for services or goods rendered.
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Boo Hoo and Trade Mark infringement

Written by Michael Coyle on 15 November 2009

Wasabi Frog Ltd sucessfully restrained Miss Boo Ltd and Gulfraz Mohammed from trading under or by reference to the marks or domain names "Miss Boo", "miss.boo.co.uk" or from using any of the marks or domain names "boohoo", "boohoo.com" and "boo", including a requirement that the website at www.missboo.co.uk is also disabled.
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Nokia to sue Apple

Written by Michael Coyle on 22 October 2009

Nokia has a huge IP portfolio. It has today commenced legal action against Apple. Let battle commence!
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All in the font

Written by Michael Coyle on 15 October 2009

The Font Bureau has issued a claim against NBC and CNBC for copyright and trade mark infringements.
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Fierce v. Sasha Fierce

Written by Waheedan Jariwalla on 05 October 2009

Abercrombie and Fitch to sue R&B singer Beyonce for trade mark infringement, unfair competition and deceptive trade practices.
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Sprinkles Cupcakes Objects to Sprinkles Yogurt

Written by Waheedan Jariwalla on 10 September 2009

The Sprinkles Cupcakes store has 16 registered trade marks and 6 further trade marks pending registration in the US. What options are open to the new chain of frozen yogurt stores, 'Sprinkles Yogurt', is there an infringement?
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Apple Loses Mighty Mouse

Written by Waheedan Jariwalla on 28 August 2009

The company Man & Machine Inc. has recently announced its trade mark MIGHTY MOUSE was registered with the United States Patent and Trademark Office.
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File sharer fined in the US

Written by Michael Coyle on 02 August 2009

Another file sharer has been fined, this time the fine was $675,000 that is $22,500 for each infringement we have the details inside.
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National Portrait Gallery Takes Action

Written by Jody Tsigarides on 15 July 2009

It has been reported this week that the National Portrait Gallery has threatened to take legal action against an individual who downloaded 3,014 high resolution images from its website.
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Mosquito Nets

Written by Thomas Brereton on 04 July 2009

Ex - employees of company Vestergaard are being accused of misuse of confidential information in relation to new mosquito nets.
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Legal Action against Google

Written by Jody Tsigarides on 03 July 2009

A software company has taken action against Google for trade mark infringement relating to Google AdWords campaigns.
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Equal Pay Claim Pays Off

Written by Jody Tsigarides on 25 June 2009

A decision by the Employment Appeal Tribunal that 300 men were discriminated against because they were paid lower than women in their profession has potentially opened up the floodgates for thousands of similar claims.
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Maltesers Case & Passing Off

Written by Jody Tsigarides on 23 June 2009

It was held recently that the well know confectionary producers Mars have become a 'victim of its own success' leading to a claim for Passing Off being rejected.
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Court of Appeal Decision - Law Society Complaint & Confidentiality

Written by Jody Tsigarides on 22 June 2009

The Court of Appeal has held (in dismissing an appeal) that a Barrister who made a complaint against his instructing Solicitor did not owe a duty of care to the Solicitor by not disclosing details of the outcome of the adjudication when the content of the complaint against the Solicitor did not contain a private subject matter.
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New Kids on the Block - Trade Mark Dispute

Written by Jody Tsigarides on 17 June 2009

It has been reported that New Kids on the Block has instigated legal proceedings in the U.S District Court in New York over the attempted registration/ use of its name as a trade mark.
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Warning letters are not working

Written by Andrew Wilde on 10 June 2009

The guardian today reports that sending warning letters to those people accused of filesharing will do little to stop them from continuing with the activity - see inside for details.
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The Times to appeal High Court fine

Written by Jane Coyle on 26 May 2009

The Times has said that it will appeal after it was fined 15,000 pounds in the High Court for contempt of court over two articles published last December.
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Daimler AG v Sany Group Co Ltd

Written by Riyaz Jariwalla on 25 May 2009

Trade marks; Infringement; Degrees of similarity and dissimilarity between trade marks and specified goods; Incomplete evidence; Appropriateness of summary determination.
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EBay win counterfeit case

Written by Riyaz Jariwalla on 23 May 2009

The High Court has ruled that eBay was not legally accountable for the sale of counterfeit L'Oreal cosmetics.
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UK infringes Data Protection laws

Written by Michael Coyle on 12 April 2009

The EU Commission has written to the UK requesting that they act upon the unlawful interceptions as they are in breach of the data protection act 1988.
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Banks fight on

Written by Michael Coyle on 05 April 2009

The Abbey National et al continue to fight on against the OFT and are appealing to the House of Lords.
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Scrbd.com raises Copyright questions

Written by Waheedan Jariwalla on 03 April 2009

www.scribd.com is asked to remove Harry Potter novels from its site by author J. K. Rowling. And a look at the laws of Copyright in the relevant jurisdictions.
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Apple Fights for 'MacPro' in Australia

Written by Waheedan Jariwalla on 01 April 2009

The Californian based company Apple has taken action in the Australian federal Court to challenge a decision by Australia's trade marks regulator over intellectual property rights to the trademark 'MacPro'.
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It's no to GUCCI in Sweden

Written by Waheedan Jariwalla on 20 March 2009

The House of Gucci, better known as simply Gucci, considered by many in the fashion industry to be one of the most famous, prestigious, and easily recognizable fashion brands, is left without trade mark protection of its emblem, two G's face to face, in Sweden.
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Sci Fi Channel Rebrands to SYFY

Written by Waheedan Jariwalla on 19 March 2009

The Sci Fi Channel, an American channel part of the entertainment conglomerate NBC Universal, specializing in science fiction programs, has announced that it is planning on changing its name to Syfy.
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Google/Luis Vuitton Case Still Pending Before ECJ

Written by Waheedan Jariwalla on 17 March 2009

A decision is expected by June 2010 from the European Court of Justice (ECJ) stemming from the French Supreme Court regarding the use of sponsored keywords in the Louis Vuitton v. Google France case.
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Banks lose their Appeal

Written by Michael Coyle on 26 February 2009

The 8 banks which appealed the OFTs right to investigate whether or not their charges were fair lost the right to challenge when their appeal was rejected.
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Privacy jargon blasted

Written by Michael Coyle on 14 February 2009

The Information Commissioner has appealed for business to drop the legal jargon and explain in clear terms what you intend to do with data.
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Pirates beware

Written by Michael Coyle on 12 February 2009

ISPs will soon be on the front front and tackling those pirates
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Commercial Lease Forfeiture

Written by Tim Mount on 06 February 2009

Apparently more and more business closures seem likely in today's financial climate. And accompanying rent arrears. Read our overview of what may happen in such situations.
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celine and celine

Written by Michael Coyle on 06 February 2009

The question has been asked by a French Court for the Advocate General's opinion as whether a trademark is infringed by a trader who has registered a name as a word trade mark in respect of certain goods, against another trader who, without consent, has adopted the same name as a company name and shop sign in the context of a business marketing goods of the same kind.
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Defamation on Blog sites

Written by Ben Evans on 01 February 2009

An interesting case decided in the High Court in relation to a defamation claim arising from comments written in a Blog website.
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Right to privacy

Written by Michael Coyle on 29 January 2009

An interesting case originating from Greece highlights an individual's right to privacy.
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Yahoo is Sued by the FA

Written by Michael Coyle on 13 January 2009

Several football governing bodies in the UK are threatening to sue Yahoo for publishing fixture lists without their permission.
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Warning over taking photographs in public

Written by Michael Coyle on 13 January 2009

The ongoing debate on whether people are free to take photographs in public places has culminated in Labour MP Austin Mitchell who has tabled an Early Day Motion (EDM) in the House of Commons to consider the issues relating to police action against lawful photography in public areas.
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Children and Contracts

Written by Izaz Ali on 19 December 2008

This note looks at minor and their ability to contract and the enforceability of the contract.
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New UKIPO Tribunal

Written by Corinne Day on 17 October 2008

A new tribunal service introduced by the UK Intellectual Property Office to hear complaints against persons that register company names opportunistically,
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Chancery Division

Written by Riyaz Jariwalla on 11 October 2008

The Chancery Division of the High Court is based in the Thomas More Building at the Royal Courts of Justice in London and is divided between Chancery Chambers and Bankruptcy and Companies Court.
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Validity of a Contract

Written by Izaz Ali on 28 September 2008

This brief note outlines the reasons for which the validity of a contract can be challenged.
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Privilege What Is It?

Written by Riyaz Jariwalla on 26 September 2008

Litigation privilege relates to communications when litigation is pending or in contemplation and where the sole or dominant purpose of the communications is the obtaining of legal advice or conducting the litigation (Waugh v British Railways Board [1980] AC 521). The burden of establishing privilege lies on the party claiming it.
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Security for Costs

Written by Jody Tsigarides on 24 September 2008

Section 25 of the Civil Procedure Rules allows a Defendant to apply to the court for Security of Costs.
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County Court Claims and Costs

Written by Jody Tsigarides on 10 September 2008

Before you take civil action against another person or company via the County Court it is important to consider the issues of costs.
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I have Been Defamed over the Internet

Written by Jody Tsigarides on 06 September 2008

Due to the emergence and popularity of web blogs/forums and user orientated websites defamation over the internet has become an increasingly common concern.
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Defamation And Making Amends

Written by Michael Coyle on 03 September 2008

Tesco was again back in the news this week but it concerned defamatory comments and a claim against the Guardian.
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Giving Evidence

Written by Riyaz Jariwalla on 29 August 2008

The object of this note is to help you consider and prepare to give evidence.
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Written by Riyaz Jariwalla on 29 August 2008

Agreements reached in mediation are enforceable as contracts if the requirements for a valid contract are satisfied. This means that parties following mediation will seek to formalise the terms of mediation as a contract.
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Methods of settlement using documents

Written by Riyaz Jariwalla on 29 August 2008

Once parties have reached a settlement, that is, an offer to settle has been accepted or the parties have agreed to settle on certain terms, there are a several ways in which the settlement can be concluded and documented.
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Contract Law: Battle of the Forms

Written by Ben Evans on 14 August 2008

This is the third in a series of articles on contract law. The previous two have looked at the rules regarding offer and acceptance, this short note considers some of the problems associated with offer and acceptance.
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Contract Law: The Acceptance

Written by Ben Evans on 13 August 2008

The second in this series of articles on the basics of contract law looks at acceptance of an offer. We have already seen in the last article that in order for there to be a valid contract there must be a valid acceptance.
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Contract Law: The Offer

Written by Ben Evans on 12 August 2008

This is the first in a series of articles explaining the basics of contract law. Contract law governs the regulation of trade take the following for example: "contract law has many 'purposes', but the central one is to support and to control the millions of agreements that collectively make up the 'market economy'".
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Mediation is the way forward

Written by Riyaz Jariwalla on 30 July 2008

Mediation is the process of resolving a dispute by using a third party who is "impartial". The purpose of mediation is to find terms of settlement that will lead to an acceptable resolution to the dispute or claim. The process of mediation involves parties assessing the claim against any defence to solve the overall dispute.
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Without Prejudice

Written by Izaz Ali on 09 July 2008

The legal scope, of the "without prejudice" maxim, and as to when it can be challenged, including,the ambit of what is known as the ambit of the unambiguous impropriety exception.
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Civil Litigation - What is the Multi Track?

Written by Riyaz Jariwalla on 25 June 2008

Multi-track claims involve court claims and claimants that wish to seek awards that value more than £15,000.00 or court cases that will result in a lengthy trial with considerable amounts of evidence.
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Mediation - Part 1

Written by Michael Coyle on 18 June 2008

A recent Court of Appeal case illustrates the importance of considering ADR and in particular when should the court impose a costs sanction against a successful litigant on the grounds that he has refused to take part in an alternative dispute resolution.
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Civil Litigation - What is the Small Track?

Written by Riyaz Jariwalla on 10 June 2008

The small claims track is a moderate measure, a process that takes place in the county court for dealing with cases in which one or more parties have been unable to resolve their disputes by other measures.
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Solicitors Costs

Written by Michael Coyle on 14 May 2008

I am often asked to explain or justify legal costs in relation to litigation in the High Court. Mr Justice Floyd has recently provided an interesting Judgement. It is a must read.
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Fast or Multi-Track

Written by Jody Tsigarides on 08 May 2008

When a claim is filed over a commercial dispute such as a debt it will be allocated to a certain track.
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Enforcing a Foreign Judgement

Written by Michael Coyle on 17 September 2007

Enforcement in the High Court of a foreign judgement is governed by the Civil Procedure Rules Parts 70 and 74 together with RSC Orders 17, 45 to 47 and 52 as in Schedule 1 to the CPR.
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Legal Disputes

Written by Michael Coyle on 03 September 2007

You can start a civil legal action in the county court, or in the High Court, depending on the circumstances of the case.
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Solicitors’ costs

Written by Michael Coyle on 23 August 2007

Legal costs can be very difficult to understand even for the solicitors. The general principle is the loser pays the winners costs but it is never as simple as this.
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Is a Photograph sensitive?

Written by Michael Coyle on 17 August 2007

Is a photograph and the information it contains sensitive personal data within the meaning of s.2 of the data protection act 1998?
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Font Piracy

Written by Ben Evans on 16 August 2007

Blizzard Entertainment is being sued by Founder Electronics over alleged “font piracy”.
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Breach of Contract?

Written by Izaz Ali on 08 August 2007

A breach of contract will result in, amongst other remedies, damages to put the claimant in the position he would have been in had the contract been performed.
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What to do if you find a copy of your product on ebay

Written by Ben Evans on 07 August 2007

Over the last few years ebay has become a household name, offering people the chance to easily and quickly auction a range of items from socks to cars. But whilst its ease of use and access are one of its main assets these come at a price, mainly counterfeit products.
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Is ebay liable?

Written by Michael Coyle on 06 August 2007

We all agree that the Internet has been a good thing both from a personal and business perspective. The latter has seen a phenomenal growth. However it has also exacerbated the problem of infringement of intellectual property rights (IPRs).
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Without Prejudice?

Written by Aneela Akbar on 24 July 2007

The legal scope, of the "without prejudice" maxim, and as to when it can be challenged, including, the ambit of what is known as the ambit of the unambiguous impropriety exception.
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Google and Privacy

Written by Michael Coyle on 13 July 2007

While Google’s legal counsel has expressed a willingness to co-operate it will still be concerned with The EC Article 29 Data Protection Working Party’s letter to it concerning its privacy practices.
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Spammers beware!

Written by Michael Coyle on 09 July 2007

The Criminal Justice and Immigration Bill, has brought the introduction of custodial sentences for offences for the misuse of personal data under section 55 of the Data Protection Act 1988 (DPA) a step closer.
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You Say We Pay

Written by Ben Evans on 09 July 2007

The telephone service provider behind the Richard and Judy phone in competition ‘you say we pay’ has been fined a record £150,000, the largest fine ever imposed on a premium rate phone regulator.
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No Cable

Written by Ben Evans on 06 July 2007

Dell have been ordered to change their printer advertising following a customer complaint.
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Battle over food menu

Written by Steph Mekwuye on 03 July 2007

Since the opening of Pearl Oyster Bar by Rachel Charles in the West Village 10 years ago, the chef watched the arrival of a string of restaurants she considers “knockoffs” of her own.
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Privacy Protection from the OECD

Written by Ben Evans on 02 July 2007

The member countries of the Organisation for Economic Co-operation and Development (OECD) have agreed to a plan which will see them co-operating to uphold privacy laws amidst increasing amounts of cross border data transfer.
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Jordan and Dowie

Written by Michael Coyle on 15 June 2007

Simon Jordan the owner of Crystal Palace yesterday claimed victory in his dispute with Iain Dowie Northern Ireland legend and all round looker.
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Everything is OK Catherine!

Written by Jody Tsigarides on 03 May 2007

The recent judgement in the House of Lords appeal case involving Catherine Zeta Jones, Michael Douglas and Hello magazine has taken a dramatic swing.
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Seager Limited v Copydex Limited [1967] 2 All ER 415

Written by Izaz Ali on 11 April 2007

In the above case Lord Denning MR established the principle that even if you do not have a confidentiality agreement in place, under equity law a person who has received information in confidence cannot take unfair advantage of it.
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Intellectual Property Trade Marks and Crime

Written by Daniel Doherty on 09 January 2003

Intellectual Property Crime The Copyright, Etc. and Trade Marks (Offences and Enforcement) Act 2002 The Copyright, Etc. and Trade Marks (Offences and Enforcement) Act 2002 (the "Act") received Royal Assent on July 24 2002 and is expected to come into force by September/October. This date has been set to allow the government to disseminate information to public sector enforcers.
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Silhouette bad for Europe

08 January 2003

Silhouette Decision Bad For Europe Will the Silhouette Decision Cause Bad Economics in Europe? While the development of a doctrine of international exhaustion at a community level seems unlikely in relation to trade marks following the ECJ's decision in Silhouette, there is nonetheless an arguable case that since the ECJ did not consider whether there was a basis of international exhaustion at community level, the point might be to consider afresh. This is especially since the ECJ does not apply strict rule of precedence so that the ECJ could even reconsider the position with regards to trademarks in the future case.
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More news on Silhouette

Written by Michael Coyle on 06 January 2003

International Exhaustion: Seeing Through the Spectacles The debate as to whether the Directive was to be interpreted in light of international exhaustion was the fundamental question in the Decision C-355/96 Silhouette International Scmeid gmbH v. Hartlaur Handelgesellschaft mbH.
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The Aftermath of Silhouette

Written by Michael Coyle on 05 January 2003

Since the ruling in the Silhouette case, there have been two fundamental cases on exhaustion of rights, which shall be analysed here:-
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