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When is a clause not a clause? When it is void following the rule against penalties.
This note sets out the key impact for lenders and lead generators and advises on what they need to do to ensure compliance.
Trademarks: registry review download
A round-up of cases including: Husky CZ sro v OHIM; Red Bull GmbH v OHIM; Environmental Marketing Ltd v OHIM; and Facebook Inc v Collector Consulting.
Mr Justice Birss has refused an application by the defendant in patent proceedings to re-open the trial and to permit it to amend its pleadings to plead new prior art.
A claim cannot be brought if the threat is not “groundless”.
Article 4(2) of the Information Society Directive provides that the exclusive distribution right of a copyright owner shall not be exhausted within the EU, in respect of the original or copies of the work.
Businesses risk missing out on 5 years’ worth of rates rebates if they fail to submit their rating appeal before 1 April 2015.
IP: designs and ‘complex products’ download
A design applied to or incorporated in a component part of a complex product is considered to be new and to have individual character only if the component part remains visible during normal use.
When logos are created, the artwork is automatically protected by copyright and under English law the designer is the copyright owner even if the work is commissioned.
A recent High Court decision has clarified the different tests for infringement of copyright and UK unregistered design right.
The claimant owned five UK and Community trademarks, all featuring the word ‘supreme’ in respect of animal foodstuffs.
An updated statement from the CMA highlights issues that we can expect to form the focus of the its investigation.
Section 106 Agreements between developers and local planning authorities outlining obligations in relation to new developments are currently subject to statutory time limits at the negotiation stage.
Judicial review: recent reforms download
Certain judicial review reforms reforms – that attracted fierce debate in Parliament and within the legal profession – have now received the Royal Assent. They will be significant to many and a concern to some.
When Gordon Ramsay sought a declaration that he was not bound by the guarantee in a lease the issue was whether he had authorised a signature by his father-in-law. But the father-in-law was not called to give evidence.
The overriding objective of the Civil Procedure Rules is that cases must be dealt with “justly and at proportionate cost”. Now costs cases are coming through thick and fast, what key principles and tips can we derive?
A contracting party always wants to protect itself against the breach of its counterparty. But two recent cases show that parties can shoot themselves in the foot if they complete a clause that amounts to an unenforceable penalty.
We now have the advocate-general’s opinion in the ‘Woolworths’ case.
Jackson, Denton, Mitchell… anyone involved with civil litigation over the last two years will have heard these names repeatedly and will be aware of their importance to compliance with the new rules.
While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.