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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.
You can subscribe to our law news feeds to keep up to date with the latest copyright and trademark law news.
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Case Watch Law Articles
The High Court has ruled that a contractual liability cap applies to contractual interest but not to statutory interest.
Daimler, the manufacturer of the popular Smart cars has angered Italian car giant Ferrari.
US rapper Dr Dre has issued a claim against Death Row Records.
It has been reported this week that Sir Michael Parkinson has agreed to settle in the dispute with Associated Newspapers.
Google are in a trade mark dispute over a Chinese website called 'Goojje'.
The founder of budget airline easyJet is in a legal dispute with the chief executive of rivals Ryanair.
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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Trademarks Law Articles
An Examiner will conduct a trade mark search against an proposed mark to identify any existing identical or similar registered or pending trade marks which may be cited against the proposed trade mark.
An application at UK level will be assigned to a Trade Mark Examiner. The Examiner will examine the trade mark application under two sets of grounds (as set out in the Trade Marks Act 1994).
Former Sugababes member Mutya Buena has applied to the European Trade Mark Office (OHIM) for an EU trade mark registration for the term 'Sugababes'.
It has been confirmed this week that Yorkshire Forced Rhubarb has been granted European protection by the EU Protected Food Name Scheme.
What options do you have when your brand comes first?
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Commercial Law Articles
What is the position when a party to a contract decides not to fulfil its obligations?
There is no exact science to valuing a business, however, business valuation experts and or accountants may be able to provide guidance.
This article discusses the details of as to whether or not a person needs a will if that person dies in Spain.
The following article explains the main procedure that you carry out when you purchase a property.
This article details how to set up a business in Spain.
Two recent cases involving the serving of break clause notices
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Information Technology Law Articles
While the courts will be reluctant to do so they will imply and infer a term of a contract as the parties must have intended the term to govern their relationship and in particular the courts have been prepared to imply a term which requires the co-operation of both parties to ensure the effect to the contract is reached and allow the parties to perform their obligations as intended at the outset.
This article discusses copyright subsistence in open source software.
The Information Commissioner is the government body responsible for data protection in this country. It has powers to fine organisations found to have committed serious data protection breaches fines up to GBP 500,000. However an interesting read in draft Code of Practice indicates that it will not fine those companies who have discovered breaches gathered in an audit.
Court held that the defendant, who had falsely represented to the claimants as to the amount of time required in order to complete the work are liable in deceit.
Customer data in this context means data relating to living individuals who can be identified from that data, for example, the person's name, address or job title.
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Patents/Designs Law Articles
This article discusses the overlaps between the different types of IP in the U.S.
U.S. designs must be ornamental
The World Intellectual Property Office posted its figures on 2009 international patent applications in February.
The rules governing European patent applications and international patent applications at the European Patent Office (EPO) are changing from April.
More changes to the rules governing European patent applications and international patent applications at the European Patent Office (EPO).
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Copyright Law Articles
Who owns the copyright?
The copyright position in relation to consultants
Fashion and copyright
Copyright in the fashion world
Conservative peer Lord Lucas has proposed amendments to the Government's Digital Economy Bill which would give search engines a presumption that they have the right to copy material for the purpose of providing search engine services.
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Media Law Law Articles
Two charities were considerably better off this week when Sir Michael Parkinson was awarded a 25,000 GBP payout after taking legal action over an article published by the Daily Mail
Trade marks are a frequent and important aspect of any successful TV show. For the succesful shows there are the obvious spin offs in merchandise and repeats and an accurate and efficient trade mark team can make the world of difference. Once you have had the show commissioned or during pre production its time to come up with the name.
Max Mosley the President of the body that governs Formula 1 is set to change the privacy laws in the UK. He was successful in establishing that there was no evidence of a Nazi theme, and ruled that his privacy had been breached.
It is sensible for someone to obtain a release or waiver to obtain a permission to use a photograph for a one off scenario which identifies you and or your child. This would normally be used where you need to use the photograph for promotional purposes. The key question is can you be clearly identified in the photograph - if so, and then a deed of release is required.
The High Court ruled last week that an injunction placed on a Sunday Newspaper preventing the publication of claims about England Captain John Terry's private life was unnecessary and disproportionate.
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Litigation Law Articles
Part 63 of the CPR and Practice Direction 63 are to be amended very soon, this article outlines those amendments.
READ if you are a solicitors who is about to go on the record.
Where a party to proceedings breaches an Order or direction of the court, the court may impose such sanctions as it thinks fit or strike out a claim in whole or in part.
In this article we outline who may be ordered to pay the costs ocassioned by the detailed cost assessment.
What claims must be started in the Courty Court?
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Employment Law Law Articles
Situations when the ACAS Code should be adhered to.
Compensation consequences of failure to follow the ACAS Code
What is the Acas Code
The Agency Worker Regulations 2010 which implement the Temporary Agency Workers Directive (2008/104/EC) have now been published.
An employer must be able to establish that the only or principal reason for an employee's dismissal is a potentially fair one.
From 06 April 2010, the current sick note scheme is to be replaced with 'fit notes' in order to help more people stay in work. The Government has now published detailed guidance on the new fit note system.
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Consumer Law Law Articles
This article takes a look at the decision in Robert Shaw v. Nine Regions Ltd which concerned section 140A of the Consumer Credit Act 1974 as amended.
If you take out PPI you can cancel the policy within 30 days of taking it out.
This article outlines the purpose of payment protection insurance.
Creditor to a consumer credit agreement must give a copy of the same to the debtor, otherwise the agreement will be improperly executed.
Creditors do not have to provide a copy of the signed original agreement to comply with section 78 of the Consumer Credit Act 1974.
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