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Trade Mark Watch Services
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
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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International Trade Marks
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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Pheasant sick as a parrot
21 March 2016Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
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Prevention of illegal working - a compliance guide for employers
13 April 2016This inbrief summarises how employers can reduce their exposure to fines and other penalties under the Home Office’s Prevention of Illegal Working regime.
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Pension auto-enrolmentt
20 April 2016From 1 October 2012 a fundamental change to employers’ obligations concerning workplace pensions took effect, requiring employers who have passed their “Staging Date” to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere). The new rules will require all employers to review (and, if necessary, amend) their current pension arrangements or face substantial penalties for non-compliance.
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Information and consultation
09 May 2016The Government implemented the EU Information and Consultation Directive by bringing into force the Information and Consultation of Employees Regulations 2004 on 6 April 2005.
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Maternity leave and pay
10 May 2016The law recognises women on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights which women on maternity leave enjoy and looks at some common problem areas.
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Immigration basics - for retail hospitality and leisure
11 May 2016Employers in the retail, hospitality and leisure industries are under particular scrutiny from the Home Office. It is therefore essential for them to have at least a basic understanding of immigration requirements.
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Trade Marks in the United States
20 May 2016Trade mark rights in the United States arise from use of a trade mark, not registration and therefore a trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective and least expensive way to prove trade mark rights in the United States.
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European Union Trade Marks
26 May 2016A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories.
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Termination of employment
06 July 2016Terminating employment can create a plethora of unwanted issues for the employer, including claims of wrongful or unfair dismissal.
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A letter from the Pearl of the Orient
11 July 2016Hong Kong's labour market has traditionally been lightly regulated, but what is the current direction of travel?
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The Working Time Regulations 1998
20 July 2016The Working Time Regulations 1998 (WTR) implement the European Working Time Directive in the UK.
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Managing ill health and disability
06 September 2016The management of ill health and disability raises problems that employers have to grapple with on a daily basis. Minimising the cost and inconvenience of ill health in the workforce, whilst ensuring compliance with legal obligations, requires both a clear understanding of the relevant legal principles and a co-ordinated approach.
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Visa applications for entrepreneurs and investors
13 September 2016The UK provides attractive visa options for individuals seeking to invest in the country. But the rules are strict. There are two separate categories - for ‘entrepreneurs’ and ‘investors’ - each with detailed eligibility and documentation requirements.
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Industrial action
22 September 2016Economically turbulent times have seen an increase in trade unions ‘flexing their muscles’ by way of industrial action.
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Family rights
04 October 2016Employees who have parental responsibility for a child are afforded certain legal rights in order to protect and support their role as parents.
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No more long work hours for millennial lawyers
05 October 2016James Davies has commented in an article for The Financial Times which discusses how working round the clock for high pay is not what motivates young lawyers today.
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Shared parental leave and sex discrimination
06 October 2016The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.