Insights & News
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An industry caught out in a game of legal musical chairs
Press
08 March 2016James Sweeting has been quoted in an article by The Times which discusses a change in copyright law which will eventually provide stronger legal protection for the rights-holders of popular, older designs and could signal an end to replica designer homeware. There is speculation that the implementation of this new law could be accelerated.
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Will a Brexit from the EU be bad for advertising businesses?
Press
04 March 2016Brinsley Dresden has been quoted in an article by The Drum which discusses how a British exit from the EU could impact those agencies and brands operating within the advertising industry.
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Lewis Silkin named one of Britain’s best employers for eight years running
Press Release
29 February 2016City law firm Lewis Silkin LLP has once again been recognised as one of the UK’s best employers by The Sunday Times’ esteemed ‘100 Best Companies to Work For’ survey.
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International Trade Marks
PDF
27 February 2016Whilst there is no single trade mark 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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Lewis Silkin LLP and myGwork team up for a diverse and inclusive workplace
Press
26 February 2016Geraint Lloyd-Taylor and Alan Hunt have been talking with myGwork, the global recruitment hub for LGBT professionals, about Lewis Silkin’s commitment to diversity & inclusion through our various memberships, activities and initiatives
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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?