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CMI Triangle 03

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  • Karen Millen - lessons from an SPA (Brands & IP Newsnotes - issue 3)

    24 October 2016

    Karen Millen, founder of the Karen Millen fashion brand has lost a High Court challenge to use her own name for homeware in the US and China.

  • Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)

    24 October 2016

    Those looking to register shapes as trade marks have had a tough time of it recently. Attempts to register the shape of a Kit Kat, various bottles and a toothbrush have all recently failed in the UK and EU.

  • IPO doesn’t see anything wrong with Specsavers’ trade mark (Brands & IP Newsnotes - issue 3)

    24 October 2016

    Specsavers has managed to get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office (IPO).

  • Brand owners gain another tool in the war against counterfeits (Brands & IP Newsnotes - issue 3)

    24 October 2016

    Brand owners will welcome a ruling from the CJEU over the summer that an operator of a physical marketplace can be an ‘intermediary’ for the purposes of Article 11 of the IP Enforcement Directive.

  • Social faux pas: Brands and celebrities

    21 October 2016

    An Advertising Standards Authority (ASA) ruling in September illustrates that some brands and their agencies are still getting it wrong when it comes using a celebrity’s social media presence to promote their product.

  • Shoot later ask questions first

    18 October 2016

    Wearable cameras have been in the headlines quite a bit recently. The moment BBC presenter Jeremy Vine ‘got a kicking’ (as he put it) whilst cycling to work was captured by his helmet mounted camera.

  • Court of Appeal confirms holiday pay should include results-based commission

    10 October 2016

    The Court of Appeal has given judgment in the ongoing holiday pay case of British Gas Trading Ltd v Lock and another, which raises the question of whether and how a salesman’s commission should be taken into account when calculating his holiday pay.

  • Key employment law issues for sports organisations

    10 October 2016

    This update highlights a few recent developments in employment law with particular relevance for professional sports organisations.

  • Government to extend review to include gambling adverts on TV

    07 October 2016

    The front page of The Times reports today that the government is to extend its review into Fixed Odds Betting Terminals to cover gambling advertisements on TV, amid concerns about the proliferation of gambling adverts and their exposure to children.

  • Blockchain Technology - Legal Insight

    07 October 2016

    Even before some realised the sun was setting on the Third Industrial Revolution, others are proclaiming the start of the Fourth Industrial Revolution. What is going to fuel this Fourth Industrial Revolution? According to many, while the First Industrial Revolution was steam-powered, it is argued that the Fourth Industrial Revolution will be driven by blockchain.

  • Talk (Talk) is not cheap - record fine for data breach

    06 October 2016

    Speak of making an entrance. Within a few weeks of her new appointment as the new UK Information Commissioner, Elizabeth Denham has issued TalkTalk with a £400,000 monetary penalty notice, the biggest fine yet awarded by the ICO.

  • Shared parental leave and sex discrimination

    06 October 2016

    The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.

  • Retail therapy: Commission publishes preliminary report on the e-commerce sector

    19 September 2016

    The European Commission has released its long-anticipated preliminary report as part of the inquiry into e-commerce launched in May 2015. The report will be of interest to any businesses involved in e-commerce, and particularly those involved in online retail and distribution of digital content. This note focuses on the implications for those involved in the manufacture, distribution and retail of consumer goods.

  • Naughty pics and controversial clicks - new guidance on hyperlinks to third party content

    09 September 2016

    The Court of Justice of the European Union yesterday released its judgment in GS Media v Sanoma, which is the latest in a series of judgments on the legality of posting links to third party content on the internet.

  • Baby steps…or a step too far?

    08 September 2016

    The Women & Equalities Committee recently published its inquiry findings on workplace pregnancy and maternity discrimination. This inquiry was launched after research last year by Department for Business, Innovation & Skills and the Equality and Human Rights Commission found that discrimination towards pregnant women and new mothers had doubled since similar research was carried out in 2005.

  • Immigration programmes for low-skilled labour: alternatives to freedom of movement

    08 September 2016

    The UK relies on EU migrants for low-skilled labour. When the current immigration system was introduced in 2008, Tier 3 of the UK Points-Based System was earmarked for low-skilled immigration routes.

  • The implications for data protection law in the UK and GDPR compliance plans in the eye of the Brexit Storm

    07 September 2016

    On the 4th May 2016, a fundamental milestone in the history of EU Data protection law was reached with the adoption of the EU General Data Protection Regulation (“GDPR”) achieving harmonisation of the rules across the EU after four years of hard-fought negotiations.

  • Treat your (small) customer fairly or pay the price of more legislation?

    01 September 2016

    Economic times are still pretty tough and likely to get tougher for small businesses up and down the country.

  • Sherlock Holmes and the case of the vanishing director

    30 August 2016

    Any good director knows that they have a duty to act in accordance with the company's articles of association. These dictate how directors should be appointed and removed, how shares are transferred and how key decisions should be made. Yet real life isn’t always that neat in practice. So what happens if a company discovers that it has invalidly appointed directors over the past twelve years? A recent judgment tells us that company articles can be amended by conduct – but warns that your articles can still come back to bite you in the end.

  • Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club

    24 August 2016

    The fallout from senior level football terminations rarely extends to a trial in the High Court. Most disputes are settled or go to arbitration, which is a private process. Leyton Orient’s sacking of its Director of Football Mauro Milanese, however, prompted Milanese to sue the club for wrongful dismissal, and the case went to trial in March 2016. Judgment was given in May 2016.

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