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Blurred lines: sampling, inspiration, pilferage and plagiarism
08 June 2016We reported late last year on a dispute between rapper Rick Ross and dance-pop duo LMFAO over the use of a hook “everyday I’m hustlin’” / “everyday I’m shufflin’” (see here). Well, the arguments over what constitutes legitimate ‘borrowing’ from musical works continue.
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Hyperlinks – the saga continues (Brands & IP Newsnotes - issue 3)
23 October 2016The CJEU has issued another judgment on copyright infringement and hyperlinking; this time in relation to linking to unauthorised content.
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January 2017: Health and Safety news
24 January 2017 -
LS Live: Health and Safety
13 September 2017If you work in the live event industry, whether on a festival, fashion show, sports event or if you are organising a piece of experiential marketing, you are going to have obligations under the health and safety laws. This will be the case whether you are the organiser, promoter, contractor or even a sub-contractor.
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The importance of gas safety
19 September 2018On 6 April 2018, the Gas Safety (Installation and Use) Regulations 1998 were amended with the new regulations allowing ‘flexibility’ for landlords when carrying out annual gas safety inspections. It’s important to note that these amendments do not change or relax a landlord’s obligations to carry out an annual gas safety inspection. They simply allow for the annual inspection to be carried out within a two month period prior to the expiry of the existing certificate, whilst retaining the existing expiry date.
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Chancellor Philip Hammond’s consumer protection announcements
14 March 2017The Spring Budget is not usually an occasion for tackling the nitty-gritty of consumer protection, but last week the Chancellor promised a number of Government initiatives likely to impact upon consumer-facing businesses.
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Counterfeit kit: a fan’s own goal
22 March 2017Jeremy Summers has written an article for 'World Intellectual Property Review' (WIPR).
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It’s obvious, patents are not child’s play!
28 March 2017In a recent decision the Intellectual Property Enterprise Court had to consider whether a patent for a children’s toy consisting of water soluble, fusible, translucent beads was merely an aesthetic creation, and therefore excluded from patentability and if not, whether the patent claims lacked an inventive step and were obvious. If the patent was valid, the Court also had to determine whether it was infringed by the Defendant’s product.
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Beware of handing matters over to the court’s discretion
16 June 2017How often in negotiations do parties “duck” issues deemed “too difficult” and try to cope with them by adopting “reasonable” (or other) “endeavours” obligations?
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The CMA’s fight with online gambling companies
10 July 2017The Competition and Markets Authority (CMA) is upping the ante against online gambling companies by increasing its enforcement action against those suspected of breaching consumer law. The CMA believes that often customers are not getting the deal they expected when signing up, due to misleading promotions and unfair terms within the promotion.
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Japan’s #metoo movement
30 May 2018The #metoo movement has been slow to gain traction in Japan. There have been few reported cases about sexual harassment involving public figures...until recently.
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Director’s privacy – improvements to the Companies House regime for removal of residential addresses
26 June 2018New regulations, which came into force on 26 April 2018, will make it easier for directors (and others) to remove their residential addresses from publicly available Companies House documents.
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Ireland: Recent case law on an employer’s duty of care in PTSD/psychological injury cases
27 November 2018Cases from the courts continue to emphasise the duty of care on employers to take reasonable steps to protect their employees from the reasonably foreseeable harm which may arise as a result of treatment by other employees, even where such behaviour might not amount to bullying in the workplace.
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NEW ICO guidance on “Data protection if there’s no Brexit deal”
18 December 2018With uncertainty about Brexit continuing to dominate the headlines, the Information Commissioner’s Office (“ICO”) has released some useful and practical guidance on key data protection issues if there is no Brexit deal.
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Ambush marketing and the legal issues to consider at the RWC
29 September 2014Alex Kelham has contributed to an article on the Law In Sport, considering the issues facing marketing agencies and brands as the Rugby World Cup 2015 approaches.
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Enforcing a Russian Judgment in England
16 March 2017It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Russian proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Russian judgment in their favour.
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Will British Gas ECJ ruling fuel holiday pay hike?
28 May 2014The European Court of Justice (ECJ) recently ruled that the EU law requires a worker’s statutory holiday pay to take commission payments into account: it should not be based solely on basic salary
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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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Rules of eviction
07 February 2013Paul Hayes encourages Housing Officers to be aware of the recently outlined principles for Article 8 defences, citing a recent case, in an article for Inside Housing.
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Direct Marketing rules: How to keep compliant
26 October 2016Le marketing direct est une forme de publicité qui permet aux entreprises et aux organismes à but non lucratif de communiquer directement aux clients aux travers de différents médias. Please note that this session will be conducted in French.