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NetTV decision over liability for deliberate repudiatory breach considered by High Court together with right of first refusal, whether rights are waived while negotiating following material breach and very narrow interpretation of limit on liability clause – AstraZeneca v Albemarle International, High Court

20 July 2011 | Paul Gershlick

When drafting a contract, parties often attempt to exclude or limit their liability by inserting a particular clause into the contract. Such a clause is known as an exclusion clause. Certain forms of exclusion...

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Bottles bank Shütz High Court trade mark victory – Shütz v Delta Containers, High Court

19 July 2011 | Simon Weinberg

Shütz trade marked caged bulk containers, which were used to transport and store liquids in bottles inside the containers. Both the container and the bottles carried the Shütz name and had been registered...

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Italian court says Yahoo! Does not need to remove links to infringing site

19 July 2011 | Mark Weston

An Italian court has denied a claim made by a distributor of an Iranian film called “About Elly” that Yahoo! should remove search results that provide links to infringing copies of the film. The judge...

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Law Commission consults on new law to give consumers remedies for misleading selling

18 July 2011 | Mark Weston

The Law Commission is consulting over new laws to better protect consumers against misleading selling. The Government implemented the European Union’s Unfair Commercial Practices Directive 2005 with...

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EC says Greek gaming law incompatible with EU law

17 July 2011 | Mark Weston

The European Commission (EC) has released an Opinion that details a number of concerns held by the EC that Greece’s draft e-gaming law is incompatible with European Union (EU) competition law. Betfair,...

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Lancashire Police given caution for publishing sensitive data about alleged criminal offence on website for all to see

16 July 2011 | Mark Weston

The Information Commissioner’s Office – the regulator in charge of enforcing data protection laws in the UK – has given Lancashire Police a stern talking to after the police had published sensitive...

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Money Saving beats Money Claiming for trade mark in High Court – Martin Lewis v Client Connection, High Court

15 July 2011 | Mark Weston

The founder of the consumer support website ‘Money Saving Expert’, Martin Lewis, has succeeded with a trade mark infringement claim in the High Court against a telephone-based claims management business...

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Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

14 July 2011 | Mark Weston

SSL entered into a joint venture with TTK, an Indian company, to supply goods. The joint venture was governed by Indian law. SSL attempted to incorporate its standard terms and conditions, which contained...

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ASA rules against Virgin for over-doing ‘broadband con’ advert

11 July 2011 | Mark Weston

The Advertising Standards Authority (ASA) has ruled against Virgin Media following a complaint by BT and Sky in relation to Virgin’s online advertising campaign which accused rivals of ‘conning’...

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Life on the edge fails – Future Publishing Ltd v The Edge Interactive Media Inc, High Court

10 July 2011 | Mark Weston

FP distributed a computer gaming magazine, called ‘Edge’, which had a distinctive logo for its title. One of the defendant companies owned ‘Edge’ trade marks for goods in class 16 (books, paper,...

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