Retailing and services

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Retailing and services

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Doing things your way: the ups and downs of changing terms of employment and data protection developments

What do the strike by BA’s cabin crew, the pay levels of ASDA’s shop floor staff and the loss of personal details of 2,135 individuals by a large insurer have in common? Not much, you may think. However, they are all the subject of important recent developments. Nabarro takes a closer look.

Law Firm: Nabarro | Published: 01 April 2010 | Practice Area: Termination of Contract

Rating: 5 people found this useful

Providing logistics services without a signed contract

In an ideal world, provision of logistics services should never begin before a contract is signed. However, that isn’t always possible. Consequently, it’s important to ensure a binding interim agreement is put in place and remains in effect until the full contract is signed. Here, we look at why...view abstract

Law Firm: Holman Fenwick Willan | Published: 30 March 2010 | Practice Area: Practice and Procedure

Anti-counterfeiting field - latest developments

HMRC has advised that the new The Goods Infringing IP Rights (Customs)(Amendment) Regulations 2010, due to come into force on 10 March, will only implement the simplified procedure for goods detained under Article 4 of Council Regulation 1383/2003 and not those goods detained under Article 9.

Law Firm: SJ Berwin | Published: 29 March 2010 | Practice Area: Trademarks

Google victorious in Adwords decision as ECJ finds it's not infringing

The European Court of Justice (the ECJ) has handed down a landmark decision in the case of Google France -v- Louis Vuitton, holding that an internet referencing provider, such as Google, which offers trademarks as keywords for sponsored links, is not itself liable for trademark infringement.

Law Firm: Ashurst | Published: 24 March 2010 | Practice Area: E-Commerce

Rating: 1 person found this useful

Impact of Evans v Focal Point Fires on brand owners looking to protect their brands

The High Court has recently handed down a decision of considerable interest for brand owners. The High Court allowed the claimants, Evans, who traded as “Firecraft”, to successfully obtain summary judgment in a claim for passing off and disallowed the defendants, Focal Point Fires, from defending...view abstract

Law Firm: Weil Gotshal & Manges | Published: 01 March 2010 | Practice Area: Trademarks

Rating: 1 person found this useful

Are strict liability offences indemnifiable?

In the Autumn 2009 edition of our Directors’ & Officers’ Liability review we drew attention to the strict liability regime applicable to directors of Phoenix companies by virtue of section 216 of the Insolvency Act 1986. In our recent briefing note, we considered the implications of an attempt by...view abstract

Law Firm: Barlow Lyde & Gilbert | Published: 01 March 2010 | Practice Area: Sale and Supply of Goods and Services

Rating: 4 people found this useful

Competition briefing: French Supreme Court takes another strike against vertical agreements

The Cour de Cassation recently considered the validity of a post-termination non-compete clause under a franchise agreement, overturning a judgment from the Court of Appeal of Lyon, and holding that the non-compete clause did not meet the criteria of either EC or French competition law.

Law Firm: Eversheds | Published: 24 February 2010 | Practice Area: Agency, Distribution and Franchising

Rating: 1 person found this useful

Accelerators, brakes and airbags – risk management in overdrive?

In the wake of major recalls by Toyota both in the US and UK, this bulletin examines the issue of product recall and how relevant lessons from the automotive industry translate into risk management issues for businesses of all types.

Law Firm: Macfarlanes | Published: 24 February 2010 | Practice Area: Regulation and Insurance

Rating: 1 person found this useful

The call of duty

Manager’s need to be wary of their personal liability when making decisions for the firm

Law Firm: Lewis Silkin | Published: 11 February 2010 | Practice Area: Statutory Duty and Liability

What lies ahead for insurers who fail or refuse to pay a valid claim?

Insurers and insurance lawyers will be familiar with the existing line of case law (beginning with The Italia Express) that establishes at Court of Appeal level (see Sprung v Royal Insurance) that, under English law, an insured is not entitled to recover as damages any consequential losses flowing...view abstract

Law Firm: 4 Pump Court | Published: 10 February 2010 | Practice Area: Professional Indemnity

Rating: 2 people found this useful

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