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Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

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Business warned about Carbon Reduction Commitment

11 August 2010 | Shimon Shaw

There has been a big public awareness campaign today warning businesses about the Carbon Reduction Commitment, which comes into effect next month.   This is a scheme aimed at (you guessed it) reducing...

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Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

10 August 2010 | Paul Gershlick

DSS was the leading supplier of spare parts for Honda motorbikes. Honda alleged that DSS was infringing its registered trade marks by importing and supplying Honda branded parts which had not been put...

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Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine

9 August 2010 | Paul Gershlick

Five members of an animal feed cartel have received a hefty €175m fine from the European Commission for breaching Article 101 of the Treaty on the Functioning of the European Union (formerly Article...

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Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

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European Commission consults on new EU-wide contract law

16 July 2010 | Mark Weston

The European Commission is consulting over different possible proposals for a new EU-wide contract law. It has two concerns: one is to make consumers feel that they trust a business based in another EU...

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Contracting parties’ mistake can be rectified despite entire agreement clause – Surgicraft v Paradigm, High Court

13 July 2010 | Mark Weston

S made and distributed medicine and surgical products. S and P entered into a distribution agreement for P to be S’s distributor. P argued that the contract had wrongly stated the parties’ agreement...

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Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

11 June 2010 | Mark Weston

Coty made and marketed perfumes under its trade marks such as Lancaster and Joop! It used a selective distribution system to sell those goods. Simex was not an authorised seller but it had provided goods...

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Gledhill v Bentley Designs – commercial agents and the mutual duty of trust and confidence

10 June 2010 | Tim Constable

MAB acted for the successful Defendant in this commercial agency case in which HHJ Simon Brown QC gave judgment last week. A transcript of the judgment can be found on BAILII and the case has been widely...

England football shirt trade war hits fever pitch as Asda sells shirts at half their RRP after sourcing from grey market

1 June 2010 | Paul Gershlick

Asda is taking on the dominant might of Umbro after the supermarket bought official England shirts from the European Union grey market for re-sale in the UK – at half of Umbro’s recommended retail...

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