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Wednesday, 5 October 2011

Trade Mark Infringement - Google Adwords

In an important and much anticipated decision on trade mark infringement in the context of internet advertising, the European Court of Justice (ECJ) has ruled on major retailer Marks & Spencer's ability to use Interflora's trade mark as part of its keyword advertising campaign on major internet search engines. The ECJ did not finally decide the case, but said that the key issue was the ability of the 'well informed' internet user to distinguish between Marks & Spencer and Interflora. The High Court will now determine the case finally in the coming months.

Shareholders' Rights: Right of Pre-emption

The Companies Act 2006 contains a general rule giving existing shareholders in a company the right of pre-emption. The relevant section of the Companies Act is section 561.

Right of Members to Require Audited Company Accounts

Minority shareholders should be aware that there are means available to them under the Companies Act 2006 to require their company to produce audited accounts.

Excluding Liability for Misrepresentation

An "entire agreement" or "whole agreement" clause can be found in many types of commercial agreements. What is the purpose of such a clause?

Tuesday, 4 October 2011

Directors' Duties under the Companies Act 2006

The role of company director carries with it very serious responsibilities, in the form of the duties which a director owes to the company and its members as a whole. The scope and nature of these duties have historically been defined by decisions of the courts. Now, the Companies Act 2006 has brought together these historical legal principles and with a view to making law more accessible, the Act sets out at sections 171 to 177 the general duties a company director must observe.