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Pretty fly for wi-fi (Brands & IP Newsnotes - issue 3)
23 October 2016Those who provide access to free wi-fi networks will be breathing a sigh of relief after the CJEU’s judgment this September that providers of such networks can benefit from protection under the E-Commerce Directive.
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IPO doesn’t see anything wrong with Specsavers’ trade mark (Brands & IP Newsnotes - issue 3)
23 October 2016Specsavers 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).
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Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)
23 October 2016Those 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.
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Social faux pas: Brands and celebrities
21 October 2016An 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.
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Shoot later ask questions first
18 October 2016Wearable 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.
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Key employment law issues for sports organisations
09 October 2016This update highlights a few recent developments in employment law with particular relevance for professional sports organisations.
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Court of Appeal confirms holiday pay should include results-based commission
09 October 2016The 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.
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Government to extend review to include gambling adverts on TV
07 October 2016The 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.
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Talk (Talk) is not cheap - record fine for data breach
06 October 2016Speak 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.
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Shared parental leave and sex discrimination
06 October 2016The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.
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Retail therapy: Commission publishes preliminary report on the e-commerce sector
19 September 2016The 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.
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Naughty pics and controversial clicks - new guidance on hyperlinks to third party content
09 September 2016The 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.
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Baby steps…or a step too far?
08 September 2016The 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.
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Immigration programmes for low-skilled labour: alternatives to freedom of movement
08 September 2016The 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.
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Treat your (small) customer fairly or pay the price of more legislation?
01 September 2016Economic times are still pretty tough and likely to get tougher for small businesses up and down the country.
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Sherlock Holmes and the case of the vanishing director
30 August 2016Any 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.
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Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club
24 August 2016The 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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Calculating holiday pay new ET decision on voluntary overtime
23 August 2016Last year, we reported on a decision of the Northern Ireland Court of Appeal that voluntary overtime might have to be included in the calculation of statutory holiday pay if it was a sufficiently permanent feature of remuneration.
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The London Olympic legacy dream was real – but four years on, is it still alive?
18 August 2016As we find ourselves enjoying both the carnival-style spectacle of Rio 2016 and the success of the British athletes at the Games, the build-up felt somewhat tainted by the media frenzy surrounding the clear health risks faced by the athletes and visitors (and the wider global community), the Russian doping scandal and the ongoing protesting on the streets of Rio.
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IPO waves through “should’ve” trade mark application
17 August 2016In a trade mark application that will raise a few bespectacled eyebrows, Specsavers has successfully managed 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.