‘Availability’ is No Defence to Trademark Infringement

A trade mark is used to distinguish goods and services provided by a brand, from its competitors. A registered trade mark can offer protection to a brand’s reputation and ensure that consumers are not misled when purchasing goods and services.

The seminal, 2008 ‘Adidas’ European Court of Justice (ECJ) ruling may have afforded extra trademark protection to well-known brands. The ECJ dismissed the ‘availability’ argument in relation to trade mark infringement.

This means that the public interest in keeping generic signs such as stripes generally available for use will not be a factor taken into consideration in relation to the assessment of potential infringement.

Copyright Proposals May Loosen Infringement Rules for Parody

The Government has proposed various changes to existing copyright laws for autumn 2013 following the Hargreaves report of 2011. The changes seek to introduce a variety of exceptions which will place limitations on copyright infringement for forms of copying that do not interfere with the aims and objectives of copyright law. Underlining the government’s approach is a desire to ensure that the framework for protecting copyright in the UK is flexible, modern and robust.

Although many of the proposals appear designed to help legislation keep up with technological advances in the way copyright material is stored or displayed, the relaxation of the rules on parody are noteworthy for their broader scope.

An Overview of the Commercial Agents Regulations 1993

Businesses or individuals that employ commercial agents or that operate as commercial agents must be aware of the legal regulations they are subject to.

The Commercial Agents Regulations 1993 brought considerable alterations to the agency principle in English law, extending specific rights and liabilities to commercial agents and their principals.

The 1993 provisions are implied into all commercial agency agreements.

Consumer Rights and Harassment

Consumers who reach their wits’ end trying to deal with faceless organisations that persistently send aggressive communications should not be cowed.

And businesses should tread carefully when pursuing consumers for any reason.

Consumer rights were bolstered in 2009 when, in a true case of David and Goliath, Mrs Ferguson succeeded in bringing a claim for harassment against British Gas.

Starting a Franchise Business and Managing Disputes

Franchise businesses can be a great way for individuals to set out on their own while benefiting from the support of an established business model. It is also a great way for existing businesses to leverage their brand and industry knowledge with the help of locally based entrepreneurs.

Before entering into a franchise, both parties should understand the nature of the franchise agreement and have a strategy for dealing with any disputes that arise.

Richest Divorcees – a Recognised Category of Wealth

It may be no surprise that London is often considered the divorce capital of the world. For some of the world’s richest couples it has become the place of choice to get a divorce, meaning the phenomenon of so-called ‘divorce tourism’ is on the rise.

An Overview of the Financial Conduct Authority

In the wake of widespread criticism following the onset of financial crisis, the Financial Services Authority has finally been disbanded with its previous responsibilities split into two newly created entities.

The new bodies which took over responsibilities on April 1, 2013 are the Financial Conduct Authority (“FCA”) and the Prudential Regulation Authority (“PRA”).