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Forfeiture of a long residential lease is such a draconian step that consent order conditions may be varied.
Also: a case law round-up; capping public sector exit payments; and more.
IP Matters, Nov 2015: the footballer and the bad doll; the Batmobile Gotham deserves; and more download
Also: ’Make America Great Again’ TM; another triumpph for Jay Z; and more...
What it means in practice, particularly for those responsible for negotiating contract terms.
Purchasers of dealerships need to be mindful of competition law considerations.
When to seek summary judgment download
Where a case is suitable for disposal by summary judgment, a judicial decision to finally resolve the case is made early and in a simple hearing.
In ENE parties to a dispute appoint an independent personto provide a non-binding opinion that evaluates the facts, evidence and law in dispute.
The Supreme Court’s clarification of the correct approach to contract interpretation has been applied by the Commercial Court in another case in the context of a commercial settlement agreement.
Another High Court case, heard just last month, reiterates the importance of the Aldi requirement.
A recent commercial case has highlighted the rules against re-litigation and abuse of process. Gwendoline Davies, Walker Morris’ head of commercial dispute resolution, explains.
Limitation rules download
These two cases serve as up-to-date examples of some of the tactics that defendants can deploy to avoid or limit liability.
Also: litigant in person changes; mistaken payments; and more.
In 2012 a court ruled that the design infringed Haribo’s GOLDBÄREN (in English, “Gold Bear”) word mark.
The EU General Court has upheld an opposition by Lacoste to an application for registration as a Community trademark of the name ’Kajman’ (meaning caiman in Polish).
Good news and bad news for Apple download
The latest round of the patent litigation involving Apple and Samsung has commenced.
Wearable tech, although regarded with some scepticism now, may turn out to be an IP minefiled...
The case is now remitted back to the High Court although the expectation must be that, applying the CJEU ruling, Nestlé’s appeal against the UK IPO decision will be refused.
Can a monkey own copyright? download
Animal rights activists in California have instituted proceedings asserting that a monkey owns copyright in a photo.
It is not clear whether Disney will oppose the application of Dismaland’s Community trademark and whether, if it does so, such opposition would be successful.
The definition of a contract for the sale of goods under the Sale of Goods Act 1979 is one in which the seller transfers the property in the goods to the buyer for money consideration, i.e. the price.