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Christopher Buck
 

Yoko Ono says no-no to the sale of John Lemon lemonade

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After looking to bring legal action against those producing John Lemon lemonade, Yoko Ono has successfully prevented the association of her late husband’s name with the brand. The drinks company, a small Polish company whic h distributes to the UK and...

ePrivacy legislation reform

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Reform in line with GDPR: In addition to t he implementation of the General Data Protection Regulation (“GDPR”) there is also the intention of updating ePrivacy legislation so as to align the same with these new rules. Although the new ePrivacy...

Government committed to updating and strengthening existing data protection laws

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In a statement of intent the Government has committed to updating and strengthening existing data protection laws via the introduction of a new Data Protection Bill. The Bill will implement the European Union General Data Protection Regulation (GDPR) and...

Recruitment Manager fined for illegally sharing applicant's personal information

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The Data Protection Act 1998 (DPA) applies to the “processing” of “personal data”. Pursuant to section 1(1) of the DPA “processing” includes obtaining, recording, holding, using, disclosing or erasing data and...

Plant Variety Rights and Brexit - what happens now?

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When we think of Brexit and the potential implications it will have on the UK we often consider the effects upon the economy and immigration, what we tend to think less about is the effect it will have upon our access to plant varieties and the agricultural...

Trade Marks: The potential impact of Brexit

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A trade mark or “brand” is a sign used by a trader to differentiate their goods from those of other traders and may come in the form of a name, slogan or simply the distinctive style of packaging of a product. A trade mark provides the consumer...

Morrisons supermarket chain found to be in breach of the Privacy and Electronic Communication Regulations (PECR)

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The Privacy and Electronic Communication Regulations (PECR) set out specific rules which govern the use of marketing by electronic communications such as; e-mail, telephone, text message and automated calls. ...

Swiss banks secrecy to end

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Private banks in Switzerland are known for being used by the wealthy people of the world in essence to evade tax. However, since the global financial crisis, tens of billions of dollars have been removed from these accounts in a flurry to protect themselves...

ICO fines Gloucester City Council for failing to suitably keep safe vulnerable information

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Gloucester City Council has received a fine from the Information Commissioner’s Office (“ICO”) in the sum of £100,000 further to its employees’ personal sensitive information being unlawfully accessed in a cyber-attack. In July...

Hacking plot leaves Gordon Ramsay's father-in-law jailed for 6 months

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Background Gordon and Tana Ramsay have been married since 1996. This year, sentences have been given in respect of a hacking plot led by Ramsay’s father-in-law. Chris Hutcheson Sr. was previously CEO of Gordon Ramsay Holdings Limited. After a...

ICO Grants Programme

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In a bid to encourage research into data protection solutions, the Information Commissioner’s Office (“ICO”) is launching a Grants Programme. Although there is not yet confirmation of exactly how many grants will be awarded each...

The GDPR and why you should update your terms and conditions

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Recap In February, I undertook a review of the implications that the GDPR would have and how you should start preparing now. With a year until their enforcement, I now consider, in further detail, why it is crucial that you review your terms and...

Ed Sheeran copyright matter has settled

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Last year, songwriters Thomas Leonard and Martin Harrington brought a claim for copyright against Ed Sheeran’s “Photograph” in relation to their song “Amazing”, as released in 2011 by X-Factor winner, Matt Cardle. For further...

Victoria Beckham trademarks the Beckham children's names

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Following the trademarks granted for David Beckham in 2000 and Victoria Beckham in 2002, Victoria has now trademarked the four Beckham children’s names: namely Brooklyn Beckham, Romeo Beckham, Cruz Beckham and Harper Beckham in the U.K. and Europe. ...

Restrictive covenants in commercial contracts

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Restrictive covenants are clauses contained in agreements. Their intention is to restrict the party agreeing to them, from carrying out certain activities. Whether it’s a commercial or employment contract, there are a number of...

Getting your advertising on point

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Advertising goes hand in hand with any business. So when it comes to promoting your products or services, it’s important to get it right. Associate Partner, Christopher Buck, explains what you need to think about before you...

Steps to Prepare for the General Data Protection Regulation

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The General Data Protection Regulation (GDPR) will govern how personal data is processed by data controllers and processors from May 2018. I share with you why we all need to start preparing now… The GDPR ...

Motley Crue will not Feel Good

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Back in the 1980's, photographers Barry Levine and Neil Zlozower took many photos of American heavy metal band, Motley Crue, during their rise to international fame. The pair claim the photos were used as part of the band’s...

A Case Study on Client Data

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Taking client data without permission is a serious matter. On 26 May 2016, Mark Lloyd, a former employee of Acorn Waste Management Limited, attended Telford Magistrates Court. He pleaded guilty to unlawfully obtaining client data, and...

Registering your design

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Following the Trunki decision, as we covered in our earlier blog post , the Intellectual Property Office (IPO) has released new guidance about the use of representations when filing registered design applications. Here are the...

Website content copyright ownership

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Websites aren’t just words. As well as pages of content, there’s also intellectual property to think about. We’re talking about logos, images, slogans - the list goes on. They’re not always owned by the website...

Are Virgin trains on track for a data protection breach?

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After Jeremy Corbyn complained of overcrowding on Virgin trains, CCTV footage was released by the railway company showing Corbyn walking past empty seats before seating himself on the floor. It is believed that the intention was to disprove...

The $20million Photograph

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They say a picture is worth a thousand words, but could a ‘Photograph’ be worth $20 million? Matt Cardle’s songwriters claim Ed Sheeran's 2014 song ‘Photograph’ was copied from Cardle’s 2011...

Jose Mourinho - A Trade Mark

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José Mourinho was recently confirmed as the new Manchester United manager as may well know. During the negotiations, it was confirmed that Chelsea still own trade marks of Mourinho’s name. So what does this mean for Manchester...

Calculating Compensation for Commercial Agents

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Commercial agents are entitled to either compensation or an indemnity payment when an agency agreement is terminated. Read on to find out how it’s calculated… The Compensation Rule Book The...

Libel claims - Statute and Social Media's Effects

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Since the enforcement of the Defamation Act 2013, there’s been a decrease in defamation cases. The Act is viewed to have raised the bar when an action was made against a publisher for making false statements. On the flip side, social media...

Fan fiction Trekkies on course for court

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​Axanar Productions (‘Axanar’) have boldly gone where no other filmmakers have gone before and raised over $1,000,000 to produce a feature-length movie set 21 years before the first Star Trek episode. Does this infringe...

Commercial contracts: the drafting and inclusion of express terms

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With two judgments recently delivered in the Supreme Court, it is important to consider the consequences for lawyers drafting or negotiating, and advising on commercial contracts. Drafting The drafting of commercial...

Groundless threats for infringement of intellectual property rights

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To sue or not to sue? What does or doesn’t amount to a threat is judged and decided objectively. It is reviewed on the basis of whether an ordinary person – in the position of the claimant – would interpret the words to amount...

Which Kylie Should Be So Lucky, Lucky, Lucky?

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Australia’s Kylie Minogue has launched a legal battle against America’s Kylie (Jenner) after the latter tried to trademark their shared first name. As they prepare to go head to head, we take a look at the importance of trade marks...

The 'case' with Trunki's design rights

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Trunkis, children’s ride along and carry on suitcases (pictured right), first became well-known after appearing on BBC2’s programme ‘Dragon’s Den’. Despite receiving no funding from the Dragons, Trunkis have become highly...

The potential implications on new and existing contracts and disputes if the UK leaves the EU

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On Thursday 23rd June 2016, there will be a referendum to decide whether Britain should remain in the European Union. If the UK opts out and leaves the EU, we look at the potential implications on new and existing contracts and disputes…...

Bolton Wanderers facing winding-up petition

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Bolton Wanderers have been subject to a winding-up petition made by HM Revenue & Customs (“HMRC”) last December, 2015. The club is said to owe HMRC £2.2m and the club’s inability to repay this debt was the reason for the...

After a century, the Supreme Court has reset and clarified the penalty rule

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Many contracts include liquidated damages provisions agreed upon by all parties to the contract. Liquidated damages are an agreed sum which becomes payable upon breach of the contract by one of the parties to it. The general rule is that the...

Changes in the new tax year regarding winding up

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Many companies deliberate over whether and/or when to wind up their company when there is a desire to distribute its value. This decision may become a whole lot easier for companies to make further to the Draft Finance Bill 2016 and restrictions...

We wish you a Merry "Swiftmas"

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After Trade Marking “sick beat” earlier this year, Taylor Swift has now made a bid to Trade Mark “Swiftmas” and the stylised form of “1989” on her album cover in the United States. The singer has previously...

The consideration of Intellectual Property in insolvency

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Where a company is experiencing extreme financial difficulties it is well known that such a company can be cash-flow insolvent , (i.e. they cannot pay their debts as they fall due), or balance sheet insolvent (the company’s...

Data protection: Facebook to appeal a ruling in Belgium

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Facebook is forced to stop collecting the personal data of those in Belgium not using the site. The most recent of a number of European data protection cases has forced Facebook to stop collecting personal data from anyone in Belgium who does...

The Consumer Rights Act 2015: Considerations for software providers

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Nowadays, you will be used to having to click to agree that you have read and understood the terms of a software update or new application you have downloaded for your computer or mobile devices. These terms you flick through very quickly govern how...

The precedence of administration applications over winding-up petitions

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Further to my previous piece on Northampton Town Football Club’s petition for Administration , HMRC’s petition to wind-up the Club has been adjourned as of yesterday (16 th November 2015). The Administration petition is due to be...

When a winding-up petition can be presented

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A recent article, reported in the Northampton Chronicle and Echo , has covered the current attempts of Northampton Borough Council to delay the winding-up petition hearing it is facing so as to allow time for attempts to rescue the Club to...

Safe Harbour declared invalid with immediate effect

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The recent decision of the European Court of Justice (ECJ) issued on the 6 th October 2015 has stated that the fifteen year old programme which has facilitated critical flows of data from the European Union to the United States is now invalid...

Obligations on Landlords set to increase with new Regulations coming into force.

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On 1 October 2015, subject to Parliamentary approval, new Regulations placing further obligations on Landlords will come into force. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 will apply to all residential properties in the...

Aerial photograph released of Michael McIntyre sparks media attention causing complaints and questions about data protection law

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On 15 July 2015 at 10:34AM the National Police Air Support Unit released an aerial photo of, what looks to be, Michael McIntyre on Twitter with the caption ‘whilst on tasking in central London this morning we spotted a certain energetic funny...

Recast Brussels Regulation - Enhancing Jurisdiction Agreements Between Commercial Parties in EU

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The time has come for commercial parties to review their contracts in light of new Brussels I Regulation. This new update enhances jurisdiction agreements between commercial parties in the European Union. Parties entering into a contract often...

An Alternative To A Wrongful Trading Action Sue A Director Personally

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Central to company law is the concept of the "corporate veil". Once a company is incorporated, it is an artificial legal person totally distinct from those who run and own it. Every law student is familiar with the case of Salomon v...

Legal Barriers to Exporting Goods and How to Overcome Them

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Exporting goods overseas is a good way of increasing a business’ customer base. However, it is not without risks and if a business has not exported outside of the United Kingdom before, then there are a number of legal issues and factors...

GlaxoSmithKline Investigation Highlights Need For Commercial Organisations to Consider Anti-Bribery Compliance

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The on-going investigation into the drugs maker GlaxoSmithKline regarding allegations of bribery highlights the need for commercial organisations to consider their compliance with anti-bribery legislation. In the United Kingdom, the Bribery...

Website Sales and Off-Premises Contracts: It Is Time To Review Your Terms and Conditions

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As a rule of thumb, I would advise for suppliers to have their terms and conditions regularly reviewed to take account of legislative changes. However, for those who undertake website sales with consumers or who enter contracts with consumers...

Advice to Owners of Mobile Home Sites Mobile Home Act 2013: Are You Prepared?

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It has long been considered that malpractice is widespread across the park home sector and the Government has now acted by introducing the Mobile Homes Act 2013 and a series of Regulations. The aim of this legislation is to improve the position...

How Can You Optimise the Value of Your Business? - Guest post by Colin Howe

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[This is a guest post from Colin Howe, a tax specialist at Hillier Hopkins . Colin co-presented a seminar with me on how to build value into a business. In this post he shares some of the insights that he presented on the day to the attendees.]...

The Legal Side to Selling Your Business - Due Diligence Process

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Recently I co-presented a workshop with Colin Howe of Hillier Hopkins . I handled the legal part of the workshop where we spoke to a number of business owners – keen to understand how to value their businesses and know what is involved in...

AVOID Making a Betty Boop - Case Law on Trade Mark Infringement and Passing Off in Respect of Merchandising

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This is some learning which would be of interest to any businesses who might find themselves having used Trade Marked names on merchandising. In this case - I share how a business (the defendant) was found to have passed off an association with a...