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The Latest Law Articles and News
The Lawdit reading room is an up to date news resource containing legal news from around the world. Relevant, witty and up to date.
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Case Watch Law Articles
Case report on Oracle America Inc (Formerly Sun Microsystems Inc) V (1) M-Tech Data Ltd (2) Stephen Lawrence Lichtenstein [2010] EWCA Civ 997 concerning trade mark infringement and defences.
This article takes a look at the decision in GHSP Inc. v AB Electronics Limited (2010)
This article takes a look at the decision in Andrews v Aylott 2010 in relation to interest under Part 36.
A tribunal rules for the first time on the use of powers under RIPA by councils, due for review by the coalition under Theresa May in the ner future.
Discussion of Part 36 of the Civil Procedure Rules and the recent decision in G Blower Specialist Bricklayer Limited –v- Reeves [2010] EWCA 726, June 25, (unreported).
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Trademarks Law Articles
There are a number of types of marks which will be refused registration under Section 3 of the Trade Marks Act 1994 ('the Act').
It has been reported this week that the owner of the well known Star Wars films has taken action against a third party over the use of the term 'Jedi Mind'.
Section 5(4)a of the Trade Marks Act 1994 ('the act') prevents registration of a mark whereby 'its use in the UK is prevented by virtue of law of passing off'.
More and more people are being caught out by trade mark scams.
This case involved exhaustion of rights and whether this applies to goods put on the market outside of the European Economic Area (EEA) which are then imported into the EEA.
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Commercial Law Articles
A look at the recent government announcement to abolish the Local Land Charges Search fee to help UK property buyers
A detailed look at legislation dealing with the method of serving a Notice
Situacion hiptecaria sufrida por los bancos espanoles, y que aspectos se deben analizar antes de la formalizacion de los contratos.
A look at the Gas Safety (Installation and Use) Regulations 1998 and the new HSE website to help landlords
Discusses the essence of the franchise agreement and the areas lawyers commonly advise on.
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Information Technology Law Articles
A look at the law that applies to contracts entered into via email and specifically the case of Graeme Grant v. Russell Bragg [2009]
The BBC reported this week that Next were in breach of the statutory right to return as enshrined in the Distance Selling Regulations.
Jon Gaunt the 'shock jock' surprisingly lost his appeal against the regulator OFCOM. Gaunt was dismissed by TalkSport over an interview in November 2008. Along with liberty Gaunt took legal action against Ofcom, claiming its decision breached Article 10 of the European Convention on Human Rights and was an unlawful interference with his freedom of expression.
First point of call is the introduction of the the E-commerce Directive. Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. The United Kingdom implemented the E-commerce Directive by the Electronic Commerce (EC Directive) Regulations 2002
According to a draft code published by Ofcom small ISPs, some Wi-Fi providers and mobile operators will be exempt from the notification and blacklisting process under the Digital Economy Act.
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Patents/Designs Law Articles
This article takes a brief looking at registering designs in the UK and EU.
Interval Licensing a company owned by Paul Allen, a co-founder of Microsoft, has issued patent infringement claims against AOL, Apple, eBay, Google, Facebook, Yahoo, Netflix, Office Depot, OfficeMax, Staples and Youtube.
This article briefly looks at the available defences to patent infringements.
Schlumberger Holdings v Electromagnetic Geoservices [2010] EWCA Civ 819.
Search engine behemouth Google has been sued by Oracle over Google's Android mobile phone operating system. Oracle claim that the Android system infringes their patents in Java.
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Copyright Law Articles
There has been a large volume of individuals who have received a letter from Gallant Macmillan LLP which makes accusations of copyright infringement of various musical works. If you have received one of these letters please read on.
Copyright subsists in various forms. This article looks at the rights behind a literary dramatic and musical work.
OFCOM has produced a report which is due to be finalised by the end of January 2011
A guide to Copyright in the UK. In particular how to understand the basics
Comic genius Ricky Gervais was this week sued by John Savage over the alleged copying of Mr Savage's work 'Captain Pottie's Wildlife Encyclopedia'.
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Media Law Law Articles
Ofcom have released rules relating to the newly introduced product placement on UK tv.
The 'shock jock' Jon Gaunt launched a legal action this week against OFCOM. A decision is due next week
Wayne's lawyers have issued a warning to potential stockists not to sell the latest biography of the great man
Every media organisation is in need of a crach course in data and how to process and manage its data requirements.
A sex blogger Zoe Margolis, won substantial damages this week from the Independent on Sunday who had labeled her a 'hooker' in a headline in its paper.
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Litigation Law Articles
Article exploring why you should use Lawyers when making personal injury claim.
This article provides a detailed analysis of the appeal process in England and Wales. Explaining with particular reference to the Access to Justice Act 1999 (Destination of Appeals) Order 2000 (SI 2000/1071) (the Destination of Appeals Order), PD 52, para. 2A.1, and the Appellate Jurisdiction Acts 1876 and 1887. If you are thinking about submitting an appeal: this article should be your first port of call.
Judgment without going to trial. How?
This article looks at Slip, Trip and Fall accidents and making a claim
This article briefly outlines some of the rules and considerations in relation to bringing a class action.
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Employment Law Law Articles
The Employment Appeal Tribunal has ruled that a cap on a redundancy payment, which disproportionately affected older workers, was not age discrimination and that the cap constituted a proportionate means of achieving a legitimate aim.
The High Court held in this case that a non-solicitation clause of 12 months' was not a reasonable period of time in justifying protecting an employer's legitimate business interests.
The coalition government has recently announced plans to abolish the default retirement age from next year.
Regulation 13 of the Working Time Regulations ('WTR') provides that all workers are entitled to a minimum of 5.6 weeks paid annual leave per year...
It is common knowledge that employers like to keep an eye on what their employees get up to during working hours. In particular, employees' use of the internet and email has come under increased scrutiny in recent years.
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Consumer Law Law Articles
ACS Law have been accused by Which? of legal 'bullying' and Andrew Crossley is facing a Solicitors Disciplinary Tribunal.
The European Health Insurance Card is free from the NHS, but the OFT has recently punished firms purporting to charge for it.
What to do if you have a complaint against a business?
A look at the consumer position today.
This article takes a brief look at Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector.
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