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Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

28 August 2011 | Mark Weston

Under a contract for publication of memoirs, Amanda Smith gave a warranty that her work did not contain anything libellous or otherwise unlawful. She was paid in advance for the work. However, prior to...

Tags on this discussion: breach breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Fraud High Court libel libel issues libellous misrep misrepresentation negligence negligent privacy privacy concerns privacy issues publish publisher publishing

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,...

Tags on this discussion: agreement agreements brand branding brands breach breach of agreement breach of contract coexistence agreement commercial agreement commercial agreements Commercial contract commercial contracts confusingly similar confusion contract contract breach contracts copyright copyright infringement fundamental breach goodwill High Court infringement Intellectual property intellectual property law intellectual property rights invalid IP IP infringement IP law likelihood of confusion misrepresentation registered trade mark repudiatory breach reputation trade mark trade mark infringement trade marks trademark trademark infringement trademarks

United copycat hopes suffer crash landing – United Airlines Inc v United Airways Limited and United Airways Bangladesh Limited, High Court

4 July 2011 | Paul Gershlick

United Airlines, the famous US airline, has won a comprehensive victory and obtained summary judgment in the High Court against a Bangladeshi airline that went under the name United Airways. The High Court...

Tags on this discussion: bad faith brand brand protection branding brands confusingly similar confusion goodwill High Court infringement injunction Intellectual property intellectual property rights IP IP infringement IP protection likelihood of confusion misrepresentation passing off registered trade mark reputation similar summary judgment trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademark infringement trademarks unfair unfair advantage

Passing off action success for tree surgery – Redwood Tree Services Ltd v Warren Aspey t/a Redwood Tree Surgeons, Patents County Court

28 June 2011 | Simon Weinberg

The claimant and defendant were trading within a few miles of each other under similar business names. The two businesses had managed to co-exist for some time, until the defendant started doing business...

Tags on this discussion: brand branding brands co-existence County Court goodwill infringement Intellectual property intellectual property rights IP misrepresentation passing off passing off action registered trade mark Street View trade mark trade mark infringement trade marks trademark trademarks trading trading name tree tree surgeon trees

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

15 April 2011 | Paul Gershlick

Yell owns a UK registered trade mark for “Yellow Pages” and a walking fingers logo. Through two transport business directory websites that Giboin and his companies operated from another country, they...

Tags on this discussion: brand branding brands confusingly similar confusion damage Intellectual property intellectual property law intellectual property rights International IP IP infringement jurisdiction logo misrepresentation Online passing off Patents County Court trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark trademarks unauthorised web site web site content web sites Website website content websites

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

21 March 2011 | Mark Weston Comments Off

AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions. The...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements B2B business-to-business collateral warranty commercial agreement commercial agreements Commercial contract commercial contracts contract contracts Court of Appeal entire agreement entire agreement clause exclusion exclusion of liability fair fairness fraudulent misrepresentation High Court implied implied term interpret interpretation interpretation of contract misrepresentation negligent misrepresentation promise reasonable reasonableness set-off terms UCTA undertaking unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unreasonable

What duty of disclosure does a lender owe a guarantor?

10 March 2011 | Steven Mills Comments Off

The Court of Appeal considered the question of how much information a lender is obliged to give a guarantor? Although the case did not involve a retail bank, the principles highlighted are of wider relevance. The...

Tags on this discussion: bank banks disclosure duty of disclosure guarantee Guarantees misrepresentation

Undue influence – again?

3 March 2011 | Clare Stothard Comments Off

This case dealt with very familiar arguments which a wife may raise when a bank seeks to enforce a guarantee and legal charge against her. In September 2001, Mrs Chandra gave a guarantee in favour...

Tags on this discussion: banking banks charge guarantee misrepresentation mortgages retail banking undue influence

High Court awards injunction to stop ex-agent using domain names similar to his ex-client’s – Lifestyle Management Ltd v Frater, High Court

21 December 2010 | Paul Gershlick

The High Court has awarded an injunction to stop the agent of its previous client from using three domain names that were confusingly similar to its ex-client’s domain names. Lifestyle Management was...

Tags on this discussion: agent brand brand protection branding brands damage domain name domain names goodwill High Court injunction Intellectual property intellectual property rights interim injunction Internet IP IP infringement misrepresentation Online passing off reputation reverse passing off

Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court

9 November 2010 | Mark Weston

The High Court has ruled in favour of a claimant who claimed for breach of warranty and breach of contract in relation to her purchase of a vintage car that did not conform to its description. The car...

Tags on this discussion: agreement agreements breach breach of contract breach of warranty commercial agreement commercial agreements contract contract law contracts illegal infringement misrepresentation representations rescind rescission serious breach supply agreement supply contract unauthorised unlawful warranty

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Latest news and views tagged misrepresentation

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

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

United copycat hopes suffer crash landing – United Airlines Inc v United Airways Limited and United Airways Bangladesh Limited, High Court

Passing off action success for tree surgery – Redwood Tree Services Ltd v Warren Aspey t/a Redwood Tree Surgeons, Patents County Court

Yell screeches to home win in trade mark infringement and passing off case where websites were based abroad – Yell v Giboin and Zagg, Patents County Court

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

What duty of disclosure does a lender owe a guarantor?

Undue influence – again?

High Court awards injunction to stop ex-agent using domain names similar to his ex-client’s – Lifestyle Management Ltd v Frater, High Court

Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court

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