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Can we remove “limited” from the end of our company name?
30 July 2018In certain circumstances a private limited company can apply to Companies House to be registered with a name that does not have “limited” (or the Welsh equivalent) at the end. This article summarises the circumstances of this exemption.
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Equivalent ways to infringe a patent (Eli Lilly v. Actavis) (Brands & IP Newsnotes - issue 6))
12 October 2017The Supreme Court has had to determine to what extent courts should depart from the literal wording of a patent claim and consider whether equivalent means to those literally specified in the claim would infringe a patent.
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...a little bit of law - Wayleaves
18 August 2016If there’s a way you can leave these alone, then great: they can be a pain.
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The half way point to Brexit: 12 months down, 12 months to go
29 March 2018Today marks the one year anniversary since Article 50 was triggered on 29 March 2017. The last 12 months have seen a number of key developments. Following the end of the first stage of negotiations in Brussels, there is now an agreement in place for the rights of EU nationals and their family members living in the UK. Last week saw the announcement that the UK and EU have finally agreed a deal on the transition period.
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IPO waves through “should’ve” trade mark application
17 August 2016In a trade mark application that will raise a few bespectacled eyebrows, Specsavers has successfully managed get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office.
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How to read an investment termsheet: Part 2 – The liquidation preference and waterfall
02 February 2017David Willbe has written a piece for Startup Grind.
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Newsflash: Water tank manufacturers fined for breaching competition law
19 December 2016The UK Competition & Markets Authority (CMA) has today issued a decision against a number of suppliers of water tanks used in sprinkler systems, finding that the suppliers had infringed competition law by (among other things) agreeing to fix prices, rigging tender bids as well as sharing commercially sensitive information.
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Watching out for individual character (Brands & IP Newsnotes - issue 6)
22 September 2017The web of overlapping rights for designs can leave designers feeling confused about the protection on offer. This quick guide will steer you through this legal maze to help you identify what rights you may have.
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Watching out for individual character (Brands & IP Newsnotes - issue 6)
12 October 2017The EU General Court has dismissed an action to invalidate a Registered Community Design held by Nike for electronic wristbands. The case serves as a useful reminder of the principles to be applied in assessing whether a design has sufficient individual character to be registered.
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Competition watchdog’s open letter to the creative industries
12 September 2017The UK’s Competition & Markets Authority (CMA) has published an open letter to the creative industries on competition law. The letter reminds businesses that certain conduct that undermines competition in those industries is illegal.
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New Court form for Warrant Requests following suspended possession orders
21 December 2016The Court Service has released a new Request to Issue a Warrant for Possession form which is to be used where a possession order has been suspended on terms requiring the payment of rent and arrears.
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Permission to issue a warrant for possession is no longer required in rent arrears cases
27 September 2018The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.
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Warning to all Principals - Software may be good...
26 July 2016In recent years there has been much discussion on whether software is considered a "good" for the purpose of Commercial Agents (Council Directive) Regulations 1993 ("Regulations"). Broadly speaking, the Regulations apply to agents who sell or purchase goods (and not services) on behalf of their principal in the UK and provide such agents with extra contractual protections particularly on termination.
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Brand owners gain another tool in the war against counterfeits (Brands & IP Newsnotes - issue 3)
23 October 2016Brand owners will welcome a ruling from the CJEU over the summer that an operator of a physical marketplace can be an ‘intermediary’ for the purposes of Article 11 of the IP Enforcement Directive.
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Enforcing arbitral awards in England & Wales
12 December 2017Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
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Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction
02 July 2018Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.
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Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud
05 July 2018One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances.
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Google vs Header - Bidders from the perspective of publishers
28 November 2016Google’s domination of the technology behind serving adverts onto websites continues to grow. But the relatively new and fast growing header bidding technology may just disrupt that. Should Google be worried? And what is best for publishers?
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Voulez-vous retoucher moi? New French law on retouching advertising images of models
03 July 2017From the beginning of 2017, French law has required the inclusion of the words “Photographie retouchée” on any photos used in a commercial context (such as advertising) in which the body shape or silhouette of a model has been adjusted using image processing software.
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Calculating holiday pay new ET decision on voluntary overtime
23 August 2016Last year, we reported on a decision of the Northern Ireland Court of Appeal that voluntary overtime might have to be included in the calculation of statutory holiday pay if it was a sufficiently permanent feature of remuneration.