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“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

3 February 2012 | Simon Weinberg

In February 2011, the High Court ruled that two European Community Trade Marks for the “32RED” word and a figurative trade mark comprising “32” and “red” had been infringed by “32Vegas”...

Tags on this discussion: 32 32red 32vegas brand branding brands Court of Appeal CTM European Community Trade Mark European Community Trade Marks High Court illegal infringement Intellectual property intellectual property rights Internet IP Online online betting online content online gambling online gaming red TM trade mark trade mark infringement trade marks Trade Marks Act 1994 UK Trade Mark unauthorised unlawful web web site web sites Website website content websites

Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

23 December 2011 | Paul Gershlick

A ticket exchange website has been ordered to hand over to the Rugby Football Union details of people who have sold on its site England rugby tickets for above the ticket’s face value. Sales above face...

Tags on this discussion: B2C business-to-consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws Court of Appeal data data protection data protection act Data Protection Act 1998 data protection law data protection laws disclose disclosure DPA High Court Norwich Pharmacal Order On-line Online online content online trading personal data privacy Sport trespass trespasser trespassing web web content web site web sites Website website content websites

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

20 December 2011 | Paul Gershlick

Google was not liable for allegedly defamatory comments posted about Davison on Google’s hosted service at blogger.com, despite the online service giant having kept the comments up even after being told...

Tags on this discussion: defamation defamatory e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive High Court host hosting Internet service provider libel libellous libelous On-line Online online content take-down take-down policy web web content web postings web site web sites web-host webhost Website website content websites

Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

6 December 2011 | Simon Weinberg | 1 comment

Bailey and Williams issued proceedings against Graham (of Dragons’ Den fame under the pseudonym “Levi Roots”) in relation to his creation and marketing of “Reggae Reggae Jerk/BBQ Sauce” for breach...

Tags on this discussion: breach of agreement breach of confidence breach of contract commercial agreement Commercial contract commercial contracts confidence confidential confidentiality contract contract law contracts duty of confidence High Court jerk sauce Levi Roots oral contract Reggae Reggae Sauce

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

6 December 2011 | Simon Weinberg

In 2003, as a 17-year-old, Wayne Rooney (R) entered into an image-rights representation agreement with Proactive Sports Management Ltd (P). Under the agreement, R’s image rights, which he had vested...

Tags on this discussion: anti-competition anti-competitive bargaining power breach of contract commercial agreement Commercial contract commercial contracts commission agreement competition law competition regime contract contract law contracts Court of Appeal exploit image rights exploitation of image rights High Court image right image rights image rights agreement Intellectual property intellectual property rights IP legal advice legal representation primary occupation Proactive Proactive Sports Management restraint restraint of trade Rooney trade Wayne Rooney

Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

30 November 2011 | Paul Gershlick

Foxtons were sole agents for O’Reardon in respect of the sale of a £2.5m property. Foxtons introduced a purchaser. O’Reardon and the purchaser exchanged contracts for the sale, but the purchaser pulled...

Tags on this discussion: agreement commercial commercial agreement commercial agreements Commercial contract commercial contracts commission Estate Agent estate agents Estate Agents Act Estate Agents Act 1979 High Court

High Court confirms TV Catchup referrals to the ECJ – ITV Broadcasting Limited & others v TV Catchup Limited, High Court

25 November 2011 | Simon Weinberg

The High Court recently ruled on a case of infringement of copyright, brought by ITV Broadcasting and others against TV Catchup Limited, who operated a website allowing Internet users to watch live UK...

Tags on this discussion: broadcast broadcasters broadcasts communication to the public copyright Copyright Designs and Patents Act 1988 copyright infringement ECJ EU Europe European Commission European Court of Justice European Union free-to-air free-to-air broadcast High Court illegal infringement Intellectual property intellectual property rights Internet IP ITV ITV Broadcasting Online online broadcast online content reproduction in part television television broadcast TV TV Catchup unauthorised unlawful web web site web sites Website website content websites

Database right confirmed in table of data that was infringed by the Police – Forensic Telecommunications Services Ltd v West Yorkshire Police & Another, High Court

25 November 2011 | Simon Weinberg

Forensic Telecommunications Services Ltd (FTS) operated a business that recovered digital evidence from mobile phones for criminal investigations, for which it needed to know a mobile phone’s permanent...

Tags on this discussion: breach of confidentiality confidential information confidentiality copyright Copyright Designs and Patents Act 1988 copyright infringement copyright protection criminal data database database right database right infringement digital evidence forensic High Court infringement Intellectual property intellectual property rights IP IP infringement mobile mobile phone mobile phones permanent absolute memory address PM Absolute police Software

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

18 November 2011 | Paul Gershlick

Six companies had agreed to buy a ship from a shipbuilder in instalments. The buyer had agreed to do so in return for the builder providing a bank guarantee to repay those sums if the construction did...

Tags on this discussion: agreement agreements ambiguous commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Construction contract contracts Court of Appeal High Court interpret interpretation interpretation of contract Supreme Court unambiguous

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

18 November 2011 | Simon Weinberg

Oral contracts, where the parties do not sign a formal document, can exist. As with any contract, this is when the following four basic elements of a contract exist: an offer; acceptance of that...

Tags on this discussion: acceptance breach of contract commercial agreement commercial agreements Commercial contract commercial contracts consideration contract contract law contracts contractual notice County Court Court of Appeal create legal relations High Court intention to create legal relations legal relations notice of termination notice period offer oral agreement oral contract

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Latest news and views tagged High Court

“32″ and “red” marks appeal rejected by Court of Appeal – WHG (International) Ltd v 32 Red Plc, Court of Appeal

Ticket exchange website loses as Court of Appeal orders disclosure of information about sellers for sale of tickets above face value – RFU v Viagogo, Court of Appeal

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

High Court confirms TV Catchup referrals to the ECJ – ITV Broadcasting Limited & others v TV Catchup Limited, High Court

Database right confirmed in table of data that was infringed by the Police – Forensic Telecommunications Services Ltd v West Yorkshire Police & Another, High Court

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

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