The risk of retention of title clauses preventing claims for price of the goods
The Court of Appeal in Caterpillar (NI) Limited v John Holt & Co (Liverpool) Limited [2013] EWCA Civ 1232 highlighted the importance of careful drafting of retention of title clauses if the seller wishes to retain the right to claim for the price of goods delivered but not yet paid for...
The consumer contracts (Information, cancellation and additional charges) regulations 2013
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) will come into force on 13 June 2014 and implement certain parts of the Consumer Rights Directive into English law and in doing so, amongst other things, change the Distance Selling Regulations...
Briefing: The Intellectual Property Act 2014 - changes to design law
The IP Bill has been granted royal assent and the new Act is due to come into force in October. It brings with it changes to the law on design rights...
Personal Computers – what are the issues?
In the modern day it has become common place for an employee or worker to use their personal computers or tablets to work remotely, whether at home, onsite, or at client locations. Although this practice can be useful and beneficial to employers, the issue of confidentiality regarding the information stored on that computer and in particular, what happens to that information post termination, is one that is increasingly coming under the microscope. We report on the recent case of Warm Zones v Sophie Thurley concerning the issue of personal devices...
World Cup 2014 - Don't be caught offside
With the World Cup 2014 starting this week, what issues could this global sporting event bring for employers? We report on new ACAS guidance to the World Cup as well as giving you our Employment Team’s best practice guide. To ensure you are not caught offside, read on…
Consumers to have right of redress against rogue traders
As part of a wider overhaul of consumer protection laws, the Department for Business, Innovation & Skills (“BIS”) has published draft Regulations to amend the Consumer Protection from Unfair Trading Regulations 2008 (“CPRs”). The Draft Consumer Protection from Unfair Trading (Amendment) Regulations 2013 (“Regulations”) propose to introduce a right for consumers to seek compensation from traders who breach the CPRs...
News Report - Judicial review challenge to the new unfair dismissal compensation cap fails
We reported that employment law firm Compromise Agreements had launched a judicial review challenge to the government’s new unfair dismissal compensation cap...
Mr Justice Arnold refers questions to the CJEU in the KitKat shape trade mark decision
In Société des Produits Nestlé SA v Cadbury UK Ltd [2014] EWHC 16 (Ch), the High Court held that it was necessary to seek clarification from the CJEU in relation to the legal principles surrounding the registrability of Nestle’s four finger shaped trade mark...
The Court of Appeal overturns the High Court's finding of registered design right infringement
The Court of Appeal has held that surface decoration can be taken into account when considering the overall impression produced on the informed user including where the registered design is in black and white in Magmatic Ltd v PMS International Ltd [2014] EWCH Civ 181...
EU wide injunction granted against Amazon for infringing LUSH
In the case of Cosmetic Warriors Limited and (2) Lush Limited v (3) limited and (4) Amazon EU Sarl [2014] EWHC 181, Lush, the small retail chain that makes and sells cosmetics made from natural ingredients, has succeeded in a claim against Amazon for trade mark infringement of its Community trade mark ‘LUSH.'...

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