Commercial & technology news

13 April 2010
Prepare to face the consequences
A recent High Court decision demonstrates the danger of relying on general exclusion clauses against loss.
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13 April 2010
Google AdWords: advertisers may be liable
The ECJ has ruled that Google’s AdWord tool does not infringe the trade mark rights of brand owners, however, in some instances advertisers who buy keywords could be liable to brand owners.
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26 January 2010
The calculation of Commercial Agents compensation – it’s important to be practical!
Commercial agents are entitled to compensation and/or indemnity if the agency contract between them and their principal is terminated
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26 January 2010
Service providers and your new obligations – are you conforming?
This article looks at 'The Provision of Services Regulations 2009' which have just come into force and apply to all businesses offering or providing services in the UK.
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13 January 2010
Are e-mails enough to create a legally binding contract?
The High Court has recently decided that whilst e-mail correspondence can create a legally binding contract this will only happen if the essential elements of a contract including unequivocal offer and acceptance are present, together with the agreed contract terms.
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13 January 2010
Making sure exclusion clauses are reasonable
A recent high court decision highlights the need to be careful when using exclusion clauses in contracts. If one sub-clause is unreasonable, the whole clause may be struck out as unreasonable and be unenforceable.
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13 January 2010
Apple’s T&Cs come under scrutiny from the OFT
Apple Inc has agreed to tweak its terms & conditions for customers with the Mac, ipod and iphone, after the Office of fair Trading (OFT) launched an investigation into the terms & conditions it applied to consumers buying from the Apple and iTunes stores.
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13 January 2010
Website disclaimer - website owner rescued from deep water
In the recent Court of Appeal case of Patchett and another v Swimming Pool & Allied Trades Association [2009] the court looked at whether a website owner owned a duty of care of to its users for the statements it made on its website.
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13 January 2010
Misuse of personal data could lead to fines and jail time
The Ministry of Justice has commenced a consultation on the introduction of custodial sentences for the misuses of personal data committed under the Data Protection Act 1998 (DPA). Views on the proposals must be sent by 7 January 2010 and the commencement of the penalties are anticipated to start from April 2010.
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01 December 2009
Online behavioural advertising: how to do it legally
This article looks at Online Behavioural Advertising (OBA) and the use of cookies which has often been cited as invading privacy. We also examine the framework of UK and EU law which has been developed to protect consumers and provide some useful practice points to protect your business.
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10 November 2009
Distribution Agreements: What constitutes ‘reasonable notice to terminate’?
A useful illustration of the factors that a court will take into account when deciding whether a notice period is 'reasonable', in the absence of express terms and notice periods.
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10 November 2009
The liability of search engines for defamatory material
A recent High Court decision found that a search engine could not be liable for publishing defamatory material as a search return or ‘snippet’.
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10 November 2009
Data protection – new standards set to help organisations comply with the legislation
The protection of personal data has created a headache for many businesses, however, two new tools have been introduced to aid compliance with data protection legislation.
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10 November 2009
The House of Lords re-examine the interpretation of contracts and the admissibility of pre-contractual obligations
The recent case of Chartbrook Limited v Persimmon Homes highlights the need for parties to draft contract terms and definitions clearly and precisely.
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21 September 2009
Is your website breaking the law?
A European Commission investigation into 369 websites selling electronic products such as DVD players, mobile phones, digital cameras, computer equipment and game consoles has found that over half of them are breaking consumer laws.
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22 July 2009
The 'Pirate Bay' case - liability for aiding copyright infringement
The music and film industry has welcomed the recent conviction in Sweden of the four men behind the world’s largest BitTorrent tracker, The Pirate Bay. The Swedish courts found the men guilty of copyright infringement under Swedish law and sentenced them to one year in prison and fined them 30 million SEK (approximately £2.4 million).
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21 July 2009
Groundbreaking compensation triumph for employee inventors
In the first reported successful claim in the UK under the employee inventor compensation provisions, the High Court has awarded £1.5 million in compensation to two former employees of GE Healthcare.
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16 July 2009
'No Waiver' clauses - are they failsafe?
Having a “no-waiver” clause in a contract aims to ensure that a party’s failure to enforce its contractual rights does not result in a waiver of those rights or remedies for their breach. But is this measure failsafe?
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16 July 2009
Signing on the dotted line 'not essential'
A recent High Court decision decided that a legally enforceable contract can arise despite the parties not having signed a written contract.
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16 July 2009
Protecting suppliers in turbulent times
Here we take a closer look at Retention of Title clauses - which, if well drafted can help to protect your interests as a supplier of goods.
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16 July 2009
A useful tool for ensuring punctual payment of invoices
Many suppliers are not aware that the Late Payment of Commercial Debts (Interest) Act means that in 'business to business' contracts parties have a right to claim both interest (8% above the Bank of England base rate) and an additional fixed “compensation” payment in the event that any payments are made later than their due date.
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31 March 2009
Outsourcing – the antidote for 2009?
As businesses continue to feel the pinch, we can expect to see increased levels of outsourcing non-core services, such as IT services, as businesses attempt to reduce costs. Those that rush into outsourcing agreements simply to save costs may find themselves locked into inefficient and costly arrangements. Sarah Williamson offers some guidance on the steps a business should take when seeking to outsource its IT services.
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23 February 2009
Crocodiles at war.....again!
The long running battle between Crocodile International Private Limited (“Crocodile”) and La Chemise Lacoste (“Lacoste”) over the use of their respective CROCODILE marks continues.
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23 February 2009
Does your Community Design have individual character?
Under the Community Design Regulation (“CDR”), which came into force in 2001, it is a pre-requisite for protection that a design is new and has individual character. This article looks at the decision on a recent CDR case.
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23 February 2009
Interflora brings action over Google keywords
In August, Google changed its policy on keyword advertising. Under the new Google policy, trade mark owners can no longer prevent another party from sponsoring its trade mark(s) as a keyword in order to trigger search engine advertisements.
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23 February 2009
First ruling from the Company Names Tribunal
The newly formed Company Names Tribunal has handed down its first decision, ordering that Coke Cola Limited change its name and pay the sum of £700 to Coca Cola.
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23 February 2009
Three dimensional trade mark - the shape of a loudspeaker
This article examines Bang & Olufsen's failed application to protect the shape of one of its loudspeakers through a Community Trade Mark Application.
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28 November 2008
VAT rate drop - practical advice for retailers
The change in the rate of VAT has been well-covered in press releases and notices sent out by accountancy firms and others. For retailers who choose to pass on the rate change to consumers, there is little guidance as to what they should do in practical terms. Click to read more.
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17 August 2008
Google changes its policy on keyword advertising
Google has announced a change to its policy on the use of trade marks as keywords. We discuss the impact on brand owners.
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17 August 2008
Honest comparative advertising does not constitute trade mark infringement, rules ECJ
The ECJ has ruled that trade mark owners should not be able to sue for trade mark infringement in relation to honest comparative advertisements.
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17 August 2008
New legislation for "unfair" trading practices
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) came into force on 26 May 2008. In this article we look at the new rules for unfair trading practices, which apply to conduct before, during and after a contract is made.
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17 August 2008
New penalties for breaches of Data Protection Act
The Criminal Justice and Immigration Act 2008 has amended the Data Protection Act 1998 (DPA). This article looks at the changes including the tougher penalties imposed for breaches of the data protection obligations.
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17 August 2008
A reminder that careless words can be binding
In this article we look at the recent case of Bear Stearns Bank PLC v Forum Global Equity Limited which serves as a useful reminder that businesses should understand the implications of negotiating contracts on the phone.
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17 August 2008
Latest Scam - unofficial Intellectual Property registration services
The UK Intellectual Property Office has warned that several businesses seeking to protect their intellectual property and brand rights are increasingly being targeted by certain dishonest organisations.
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17 August 2008
New rights for brand owners under the Companies Act 2006
On 1 October 2008 section 69 of the Companies Act 2006 is due to come into force giving a brand owner the right to object to a company name that is similar to a name in which the brand owner has goodwill.
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02 September 2007
Recovering wasted staff costs incurred as a result of another party's tort or breach of contract
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02 September 2007
Beware of exclusion clauses in standard terms and conditions
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02 September 2007
Quick guide to the Data Protection Act 1998
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01 September 2007
Is a service provider a data controller or a data processor?
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01 September 2007
Best, reasonable and all reasonable endeavours
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11 August 2007
Data protection and IT security
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05 June 2007
Commercial Agents' Regulations - Certainty at Last?
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02 April 2007
Terminating a contract for breach
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01 April 2007
Changes to UK trade mark procedure
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01 April 2007
Buying and selling customer databases
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01 April 2007
Company disclosure requirements
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01 April 2007
Adwords -are they legal
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28 March 2007
Commercial Agents: Calculating Compensation
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30 September 2006
What is a Commercial Agent?
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30 September 2006
Freedom of Information Act 2000
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30 September 2006
Ensuring the Price is Right
E-commerce laws provide retailers with flexibility to decide when a contract is formed, but that flexibility must be both transparent and clearly signposted.
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30 September 2006
Spyware - another shot in the armour
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30 September 2006
Protect your Intellectual Property
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30 September 2006
The war against Internet piracy reaches a new level
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04 July 2006
Artists' Rights Extended
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04 July 2006
TUPE has changed
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04 July 2006
.EU Domain Names
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04 July 2006
Consumer Credit Act 2006
The 2006 Act is the biggest overhaul of consumer credit legislation since the Consumer Credit Act 1974.
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04 July 2006
How will the Data Retention Directive affect you and your business?
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