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EIR Triangle 03 CMI Triangle 12

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  • European Union Trade Marks

    27 May 2016

    A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories.

  • Trade Marks in the United States

    21 May 2016

    Trade mark rights in the United States arise from use of a trade mark, not registration and therefore a trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective and least expensive way to prove trade mark rights in the United States.

  • Après le closing

    19 May 2016

    Contrôle et obligations post-acquisition dans les transactions franco-britanniques

  • Paternity leave and pay

    18 May 2016

    The law relating to paternity leave and pay is not yet as developed or as complicated as maternity legislation. However, since the introduction of additional paternity leave and pay for fathers of children due on or after 3 April 2011, administering it has certainly become more of a headache for employers.

  • High price for high heels?

    16 May 2016

    A female employee has hit the headlines after being sent home without pay on her first day as a receptionist by her agency Portico…for refusing to wear high heels.

  • Maternity leave and pay

    10 May 2016

    The law recognises women on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights which women on maternity leave enjoy and looks at some common problem areas.

  • Information and consultation

    10 May 2016

    The Government implemented the EU Information and Consultation Directive by bringing into force the Information and Consultation of Employees Regulations 2004 on 6 April 2005.

  • Gender pay gap reporting and Simpson’s Paradox

    06 May 2016

    The draft gender pay gap reporting regulations were published early this year.

  • Pension auto-enrolment

    20 April 2016

    From 1 October 2012 a fundamental change to employers’ obligations concerning workplace pensions took effect, requiring employers who have passed their “Staging Date” to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere). The new rules will require all employers to review (and, if necessary, amend) their current pension arrangements or face substantial penalties for non-compliance.

  • Defamation & Malicious Falsehood

    20 April 2016

    Reputation protection which embodies our law of defamation has become increasingly important. Together with the law of privacy, including confidentiality, reputation protection is a vital right for individuals and corporations, especially the advertising industry where image and celebrity rights attract so much attention.

  • Settlement agreements

    08 April 2016

    First introduced by statute in 1993, settlement agreements (previously known as compromise agreements) have become increasingly common as a means for an employer and employee to settle claims and/or effect a clean break from the employment relationship.

  • To register or not to register… that is the question (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    Just because you can register your intellectual property, it doesn’t mean that you should. Sometimes attempts to register can have unintended consequences, as YouTube stars, the Fine Brothers, recently found out.

  • The lesser spotted shape mark (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    A picture says a 1000 words or so the saying goes. So what about a shape? Several recent decisions have underlined the difficulties that can arise in trying to use shapes to protect a brand.

  • Stop monkeying around (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    A judge in California has put a stop to all the monkey business surrounding the idea that animals can own copyright, in California at least.

  • ‘Glee’ less than happy after trade mark strife (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    We’re all familiar with the classic trade markdispute. But can you sue for trade markinfringement if the brand using your name is actually more famous than your own? In February, the Court of Appeal said you could.

  • Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.

  • Play those bars again and end up behind… bars (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    The High Court has handed down a custodial sentence of 28 days for breach of an injunction against copyright infringement, albeit suspended for a period of 18 months. Two points rang out.

  • Kylie v Kylie (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    It isn’t often that trade mark oppositions receive mainstream media attention. Kylie Minogue has bucked that trend by filing an opposition to reality TV star Kylie Jenner’s trade mark application for ‘Kylie’ in the US.

  • But we settled that! (Brands & IP Newsnotes - Issue 2)

    28 March 2016

    Parties will understandably often be relieved to sign on the dotted line of that “full and final” settlement agreement. But two decisions of the High Court earlier this year may give pause for thought. What is the practical effect of such a settlement and is it really what the parties want?

  • Pheasant sick as a parrot

    21 March 2016

    Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.

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