Solicitor

Simon Weinberg

01923 690029
simon.weinberg@mablaw.com

Simon is an Assistant Solicitor in the Commercial/IP/IT & Corporate departments at MAB. His clients include sole traders and companies, and he advises them in relation to a wide range of corporate and commercial matters such as contract negotiation, shareholders' agreements, articles of association, terms of business and privacy issues.

Latest news and views from Simon Weinberg

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Claims of long trading history ruled to be misleading – Coys of Kensington Automobiles v ASA, High Court

17 May 2012 | Simon Weinberg

The High Court has upheld an Advertising Standards Authority that someone trading as “Coys” who had claimed to have been “trading since 1919” was misleading, given that the current business had...

Tags on this discussion: advert Advertising Standards Authority CAP code High Court judicial review misleading advertising

High Court orders that The Pirate Bay should be blocked

17 May 2012 | Simon Weinberg

The High Court recently ruled that both the operators and users of The Pirate Bay file-sharing website were guilty of infringing copyright. That ruling came in response to an application by a number of...

Tags on this discussion: BPI British Phonographic Industry copyright copyright infringement Everything Everywhere file-sharing High Court illegal infringement Intellectual property intellectual property rights Internet Internet service provider IP ISP O2 Online online content Phonographic Performance Ltd PPL Sky TalkTalk The Pirate Bay unauthorised unlawful Virgin Media web web site web sites Website website content websites

ECJ rules that infringements claims based on keywords can be heard by courts in country where advertiser established – Wintersteiger AG v Products 4U, European Court of Justice

4 May 2012 | Simon Weinberg

The European Court of Justice (ECJ) has ruled that, where an action is brought for trade mark infringement by using, for example, Google’s “adwords”, that action can be heard by the courts in the...

Tags on this discussion: advertiser adverts advocate general adword brand branding brands ECJ EU Europe European Commission European Court of Justice European Union Google illegal infringement Intellectual property intellectual property rights Internet IP jurisdiction keyword Member State Online online content Products 4U trade mark trade mark infringement trade marks unauthorised unlawful web web site web sites Website website content websites Wintersteiger

Asda refused permission to appeal to Supreme Court in Specsavers case – Specsavers International Healthcare Limited v Asda Stores Limited, Court of Appeal

4 May 2012 | Simon Weinberg

The Court of Appeal recently ruled that Asda had infringed some of Specsavers’ registered trade marks in an advertising campaign by using certain straplines and a logo on the grounds of unfair advantage...

Tags on this discussion: advertising advertising campaign adverts Asda brand branding brands Community Trade Marks Regulation confusion Court of Appeal infringement injunction Intellectual property intellectual property rights IP logo reasonable consumer rebranding Specsavers straplines trade mark trade marks unfair advantage

High Court rules that duty of good faith was breached by acting arbitrarily, capriciously and irrationally – Compass Group UK and Ireland Ltd (trading as Medirest) v Mid Essex Hospital Services NHS Trust, High Court

3 May 2012 | Simon Weinberg

Medirest entered into an agreement with Mid Essex Hospital Services NHS Trust (the Trust) for the supply of catering services in a hospital. The agreement contained a clause that obliged the parties to: “co-operate...

Tags on this discussion: catering commercial agreement Commercial contract commercial contracts contract contract law contracts duty of good faith High Court Medirest National Health Service NHS outsource outsourcing outsourcing agreement service credits

Citizens Advice service to take on consumer protection role

3 May 2012 | Simon Weinberg

Government proposals have detailed how the Citizens Advice service (CA) is to take over certain consumer protection responsibilities from the Office of Fair Trading (OFT) in respect of consumer advice...

Tags on this discussion: Citizen's Advice commercial agreement Commercial contract commercial contracts consumer protection contract contract law contracts Office of Fair Trading OFT trading standards

New cookie law to be enforced from 26th May

1 May 2012 | Simon Weinberg

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 will be enforced by the Information Commissioner’s Office from 26 May 2012. The Regulations require website operators...

Tags on this discussion: cookies cookies consent data protection data protection act EU Europe European Commission European Union flash cookies ICO illegal Information Commissioner's Office Internet Online online content personal data privacy Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 unauthorised unlawful web web site web sites Website website content websites

Jet2 successful in its endeavours against Blackpool Airport – Jet2.com Ltd v Blackpool Airport Ltd, Court of Appeal

1 May 2012 | Simon Weinberg

Last year, the High Court considered a dispute between Blackpool Airport and Jet2, the low-cost airline, over the meaning of “all reasonable endeavours” in a contract between them. The dispute related...

Tags on this discussion: all reasonable endeavours best endeavours Blackpool Airport budget airlines commercial agreement Commercial contract commercial contracts contract contract law contracts Court of Appeal High Court Jet2 low-cost airlines reasonable endeavours

ICO says publication of Operation Motorman files is a likely breach of the DPA

24 April 2012 | Simon Weinberg

The Information Commissioner’s Office (ICO), the UK’s data protection regulator, has condemned the publication online of records recovered during an investigation called “Operation Motorman”. Operation...

Tags on this discussion: blagging data protection law data protection regulator Guido Fawkes ICO illegal Information Commissioner's Office infringement journalism journalists Leveson enquiry Operation Motorman Paul Staines personal data privacy unauthorised unlawful

Internet filtering law to restrict access to pornographic material proposed