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It’s drinks all round as Diageo celebrates confirmation that VODKA has sufficient protectable rights in passing off – Diageo v Intercontinental Brands, Court of Appeal

17 August 2010 | Paul Gershlick

Diageo – the owner of the market leading brand, Smirnoff – has obtained an important judgment protecting the vodka name from being passed off as a cheaper imitation called vodkat. Smirnoff has been...

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It’s not personal…

29 July 2010 | Samantha Lloyd

An indemnity given by a financial advisor was not personal and therefore could be enforced by an assignee said the Court of Appeal in Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161.  Berkeley...

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Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

10 June 2010 | Mark Weston

Durham Airport had an agreement with BMIBaby. The Airport agreed to provide substantial funding to support the Airline being at the Airport. In return, the Airline agreed to have two aircraft based operations...

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Court of Appeal thinks ECJ comparative advertising ruling is not worth it, but follows it reluctantly – L’Oréal v Bellure, Court of Appeal

8 June 2010 | Paul Gershlick

The Court of Appeal has followed a key 2009 decision of the European Court of Justice on comparative advertising because it said it had to do so, but issued some stinging criticism of the ECJ’s ruling....

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Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

24 May 2010 | Paul Gershlick

This was a case where Kaschke sued Osler for comments that Osler had made about Kaschke on Osler’s blogs. Kaschke claimed that they were defamatory. Osler applied to strike the claim out as an ‘abuse...

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Was there an oral agreement to vary the terms of a guarantee?

19 May 2010 | Karen Jacobs

The Court of Appeal held that on the facts of this case it was always contemplated that the guarantors would obtain legal advice before they signed the guarantee.  This would be a pointless provision...

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Court of Appeal victory for price comparison websites

28 April 2010 | Shimon Shaw

Two companies operated websites, by which prospective customers were provided with a 'comparison service' for insurance cover from various insurers. They received commission from the insurers to whom they...

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