Insights & News
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Big spending China a major shift in transfer market
Press
26 February 2016Karish Andrews has been quoted in an article by Associated Press which discusses the money spent by Chinese Super League Clubs in the recent winter transfer window.
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Latest ruling on holiday pay and commission
24 February 2016The Employment Appeal Tribunal (“EAT”) has confirmed that UK law can and should be interpreted to give effect to the decision of the European Court of Justice (“ECJ”) that results-based commission must be taken into account when calculating workers’ holiday pay (British Gas Trading v Lock).
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Brexit: Implications for employment law in the UK
Press
23 February 2016James Davies and Bethan Carney consider some of the potential implications of the UK leaving the EU for employers and employees.
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Trade Mark Watch Services
Inbrief
21 February 2016There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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Trade Mark and Design Searches
Inbrief
21 February 2016Whenever 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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Lewis Silkin advises The Brooklyn Brothers on its sale to Golin
Deal
19 February 2016Lewis Silkin has advised The Brooklyn Brothers, the global creative agency, on its sale to Interpublic Group PR network, Golin.
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Lewis Silkin advises 3 Monkeys on sale to Zeno Group
Deal
17 February 2016Lewis Silkin has advised 3 Monkeys Communications Limited, one of the UK's biggest independent PR agencies, on its sale to global consultancy network Zeno Group, the sister agency of Edelman.
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UK Trade Marks
Inbrief
17 February 2016A 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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Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement
04 February 2016The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.
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When a loss becomes a gain: accounting for gains made when mitigating losses
01 February 2016Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?
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Should clients own rights to pitch ideas?
Press
29 January 2016Brinsley Dresden has been quoted in an article by Campaign which discusses the issue of intellectual property ownership in creative pitch scenarios. The piece focusses on the Science Museum’s process of paying £1,000 to own the IP of any ideas pitched by potential bidders.
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KitKat trademark battle: Nestlé v Cadbury
Press
29 January 2016James Sweeting has authored an article for The Times which discusses the High Court’s recent decision in Nestlé’s ongoing attempt to register the four-fingered KitKat bar as a UK trade mark. In the article, James explores the balance between allowing businesses to monopolise well-known aspects of their brand and the extent to which this could stifle fair competition.
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Lewis Silkin advises StoryFirst on joint venture with Pinewood Group plc
Deal
26 January 2016Lewis Silkin has advised StoryFirst PST Limited, the independent media investment company on its joint venture with leading provider of studio and related services to the global film and television industry, Pinewood Group plc.
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Lewis Silkin welcomes Baroness Neville-Rolfe to Brand Academy 2016
Press
25 January 2016Lewis Silkin was delighted to welcome Baroness Neville-Rolfe, DBE CMG, the Minister for Intellectual Property, as the keynote speaker at our flagship brand event Brand Academy 2016 - “The Power of Brands - Opportunity or Threat?” on 21 January 2016.
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Court of Appeal has no appetite for salami slicing
25 January 2016Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
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Is the ASA killing native advertising?
Press
22 January 2016Brinsley Dresden has authored an article for Marketing Magazine which discusses the Advertising Standards Authority's recent decision relating to an advertorial on BuzzFeed and the impact the ruling may have on the use of native advertising.
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What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms
18 January 2016“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!
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BBC's strictly formats future
Press
15 January 2016We have written an article for C21Media discussing the increasing financial pressure on the BBC to reduce its dependence on the licence fee.
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Lewis Silkin advises New Bamboo on its sale to thoughtbot
Deal
14 January 2016Lewis Silkin has advised New Bamboo Web Development Limited, the web-based software development company on its sale to international software development and design company thoughtbot.
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European Court rules bosses can monitor employees' private messages on WhatsApp and other messaging services
Press
14 January 2016Michael Burd comments in The Independent on the decision made by The European Court of Human Rights allowing companies the right to monitor workers' emails.