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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...
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
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...
Life on the edge fails – Future Publishing Ltd v The Edge Interactive Media Inc, High Court
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,...
Campaign launched to prevent copyright infringement
Creative Commons, a copyright group, has published a guide to help web users identify what pictures, music and videos they can post online without infringing copyright and risking enforcement action from...
‘All Reasonable Endeavours’ obligation not limited by commercial interests – Jet2.com Ltd v Blackpool Airport Ltd, High Court
Parties often try to qualify their obligations under a contract by using ‘endeavours’ clauses, by which a party will need to use anything between ‘reasonable endeavours’ at the lower end of the...
Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice
The European Union Directive on Certain Aspects of the Sale of Consumer Goods and Guarantees provides for consumers anywhere in the EU to have rights for goods to be repaired or replaced or have money...
Text of new Consumer Rights Directive published by European Parliament
The European Parliament has approved a proposed new Consumer Rights Directive. The original text was published in 2008, and had been intended to make consumer rights uniform across the European Union....
OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case
The Competition Act 1998 came into force in 2000. Under it, the Office of Fair Trading can impose large fines and declare void arrangements that are either agreements between undertakings whose object...
Oral licensee of Community Trade Mark can sue for infringement – Jean Christian Perfumes Ltd v Thakrar, High Court
The High Court has ruled that an oral licensee of a European Community Trade Mark (CTM) can issue proceedings for infringement if the owner of the CTM gives its consent.
In this case, the owner and...
Nokia and Apple ring the same tone and settle at last
Nokia filed several proceedings last year against Apple for patent infringements, with the dispute growing as Apple countersued (as can be seen here and here), but the two technology companies have finally...