Insights & News
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Trade Mark ‘Use’ Requirements
Inbrief
21 May 2019The purpose of a trade mark registration is to protect marks that are either a) in use; b) intended to be used; or c) are not being used, but with a valid reason.
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Lewis Silkin wins two awards at the Who’s Who Legal awards
Press Release
21 May 2019Lewis Silkin wins ‘Global Law Firm of the Year’ and Michael Burd 'Global Lawyer of the Year' at the Who’s Who Legal Awards 2019.
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Trade Mark and Design Searches
Inbrief
20 May 2019Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
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Trade Marks in the United States
Inbrief
20 May 2019Trade mark rights in the United States arise from use of a trade mark, not registration. However, a registration acts as a public record of your trade mark, and places other possible users of the same or confusingly similar marks that you already holds rights in the trade mark throughout all fifty states. Whilst registration is not mandatory in the United States, registration is highly recommended; proving the existence of unregistered rights in your trade mark is difficult, very expensive, and at best, can show rights only in those States where you can show you have actively used the trade mark.
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Trade Mark and Design Services
Inbrief
20 May 2019The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.
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International Trade Marks
Inbrief
20 May 2019Whilst there is no single trade mark registration that covers the entire world, knowledge of the various regional and international filing systems means that global protection can be achieved with greater ease and less expense than filing national trade mark applications in each country.
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Brand Clearance Guide
Inbrief
20 May 2019A practical guide to brand clearance including details on the range of searches available (such as trade mark searches, strapline searches, common law searches and domain name searches), information on budgeting for clearance and general strategic advice.
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European Union Trade Marks
Inbrief
20 May 2019A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories. This will change to 27 territories if/when the UK leaves the EU.
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UK Trade Marks
Inbrief
20 May 2019A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
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Preparing a trade mark infringement or passing off case: practical considerations?
Inbrief
20 May 2019This checklist is aimed at rights owners and their advisers, including in-house lawyers, who are considering bringing a trade mark or passing off action in the UK. It provides a brief series of tips and pointers on things to consider when preparing a case.
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European Court rules that employers must keep records of actual time worked
16 May 2019The European Court of Justice (“ECJ”) has ruled that employers must keep a record of all hours worked by their workers each day, in order to ensure compliance with the rules on maximum weekly working time and rest breaks.
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UsToo? – Addressing bullying and sexual harassment in the legal profession
16 May 2019Earlier this week, the International Bar Association published its report on bullying and harassment in the legal profession. The message is clear – as a profession we are not meeting the highest standards of conduct which are integral to our positions as bastions of the law. We must change within the profession, and take responsibility for driving wider societal change.
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Michael Burd comments for The Financial Times: Sexual harassment and bullying rife in legal profession
Press
15 May 2019Michael Burd has commented in an article for The Financial Times that discusses bullying and sexual harassment in the legal profession. Workplace training is having little or no effect on tackling the issues, according to a global survey of 7,000 people working in the sector.
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The Good Work Plan - first steps down the path
15 May 2019Following the Government’s “Good Work Plan”, published last December, new legislation has recently been made to implement the first of the proposed changes. This article takes stock of the reforms enacted so far, flags some of the practical issues and sums up what’s still to come.
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Selling your business
Inbrief
12 May 2019Many business-owners look to sell at some point. The reasons for selling may vary but often it is the opportunity for an owner to capitalise on the years of hard work that have gone into building up his or her business.
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Nigel Dewar Gibb comments for Music Week, MusicBusiness Worldwide and Record of the Day: 'Digital licensing needs to be fit for purpose': MMF calls for reform to DSP royalty payments
Press
09 May 2019Nigel Dewar Gibb has commented in articles for Music Week, MusicBusiness Worldwide and Record of the Day that discuss a new report published by the Music Managers Forum (MMF). It claims that inefficient payment systems are reducing the digital royalties that creators receive.
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Lewis Silkin shortlisted for Real Estate Team of the Year award 2019
Press Release
08 May 2019Lewis Silkin has been shortlisted for the Real Estate Team of the Year award at The Lawyer Awards 2019.
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Ireland - Gender Pay Gap Information Bill 2019 aims to ensure compliance and enforcement
08 May 2019The measures contained in the Gender Pay Gap Information Bill 2019 (“the Bill”), published on 4 April, show that the Irish Government is taking gender pay gap (“GPG”) reporting seriously. The Bill proposes to introduce various mechanisms, available to different groups of interested parties, designed to ensure that companies and government bodies comply with their GPG reporting obligations.
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Court of Appeal allows inspection of documents despite the risk of foreign prosecution
07 May 2019The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.