Search Results

Search Filters

Continuous service for notice pay preserved on transfer
22 September 2017
The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
Automatic transfer of employees applies on ‘pre-pack’ sale
25 September 2017
The European Court of Justice (“ECJ”) has confirmed that, in the event of a “pre-pack” sale aimed at rescuing all or part of an insolvent undertaking as a going concern, EU transfer of undertakings law requires that the employees automatically transfer. This is consistent with the position in the UK under TUPE.
Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)
28 March 2016
In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.
Defences to infringement in the EU trademark reforms: a mixed bag
01 August 2017
Simon Chapman has written an article for World Intellectual Property Review (WIPR) which discusses how the EU trademark reforms have provided a mixed bag for right owners.
EU trade mark reforms come closer (Brands & IP newsnotes - issue 1)
27 September 2015
Seven years after the European Commission started its evaluation of the European trade marks framework, the texts of the new proposed legislation were finally published in June 2015.
‘Glee’ less than happy after trade mark strife (Brands & IP Newsnotes - Issue 2)
28 March 2016
We’re all familiar with the classic trade markdispute. But can you sue for trade markinfringement if the brand using your name is actually more famous than your own? In February, the Court of Appeal said you could.
Preparing a trade mark infringement or passing off case: practical considerations?
21 November 2016
This 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.
An agency guide to trade mark searching
20 January 2017
Whenever 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.
An agent’s guide to athlete trade marks
20 January 2017
Sportsmen and women invest massive amounts of time and energy into perfecting their sporting prowess. As an agent, your role is to invest your time and energy into their well-being, to nurture their income generating potential, and protect their image and reputation.
Step by step - trade marks in China (Brands & IP Newsnotes - issue 4)
08 February 2017
Brand owners will take comfort from a decision of China’s highest Court (the Supreme People’s Court of China) in early December. As part of a long running battle between former basketball star, Michael Jordan, and Chinese sports manufacturing giant, Qiaodan Sports, the former basketball star has finally come out on top – at least in relation to one specific trade mark. Overturning decisions from the lower courts, the Supreme People’s Court revoked a trade mark held by Qiaodan for “Jordan” represented in Chinese characters.
Beating the Brexit deadlock: squaring free trade with immigration controls
01 August 2017
James Davies and Natasha Hotson have written an article for International Law Office which discusses the UK's position on immigration controls in current Brexit negotiations and possible framework options to maintain free movement of persons.
Servicing trade mark infringement (Brands & IP Newsnotes - issue 6)
12 October 2017
The use of a third party trademark to provide information or describe a service being offered does not necessarily constitute trademark infringement. Where the use of a trade mark goes beyond that and creates an impression in the average consumer that the particular service is authorised by the trade mark owner, this will constitute an infringement.
Sports Q&A - EU trade marks post-Brexit
03 September 2018
We hold registered EU trade marks to protect our tournament name and logos. Post-Brexit will we still have protection in the UK?
EHRC Slams ‘Toxic’ Sexual Harassment Culture
29 March 2018
The Equality and Human Rights Commission (EHRC) has denounced a ‘corrosive culture’ of sexual harassment at work and outlined recommendations for change in a new report.
Totally stoked for Tokyo: A skateboarders guide to the Olympics
23 June 2016
Recently skateboarding (along with surfing, sport-climbing, karate, and baseball/softball) were given the thumbs up from the International Olympic Committee. Subject to a formal vote taking place in Rio, all these sports look like they'll be included in the Tokyo 2020 Games.
Lewis Silkin's Hong Kong team discuss topical issues in podcast series
16 December 2021
Our Hong Kong employment team have collaborated with Conventus Law on their podcast series “Heart of the Matter – A Podcast on Legal Development from around the world”.
Top 5 GDPR issues for... retailers
15 March 2017
The first in our series of Top 5 tips on GDPR. With the EU General Data Protection Regulation (“GDPR”) looming on the horizon, we take a look at some of the key changes of how this legislation will affect retailers from 25 May 2018.
Top 5 GDPR issues for... professional service firms
23 May 2017
With the EU General Data Protection Regulation (“GDPR”) looming on the horizon, we take a look at some of the key changes of how this legislation will affect professional services firms from 25 May 2018.
Baby steps…or a step too far?
08 September 2016
The Women & Equalities Committee recently published its inquiry findings on workplace pregnancy and maternity discrimination. This inquiry was launched after research last year by Department for Business, Innovation & Skills and the Equality and Human Rights Commission found that discrimination towards pregnant women and new mothers had doubled since similar research was carried out in 2005.
Should (female) employees be told how to dress to impress?
26 January 2017
Hitting the headlines, two parliamentary committees have published a report highlighting the fact that discriminatory dress codes are still widespread in the workplace.