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Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

14 October 2011 | Paul Gershlick

Ate My Heart has succeeded in obtaining a High Court injunction to stop Mind Candy from promoting a song on YouTube and iTunes featuring the fictional character Lady Goo Goo. Ate My Heart was the company...

Tags on this discussion: brand branding brands confusingly similar confusion consumer consumer confusion dilution download High Court High Court injunction infringe infringement injunction Injunctions Intellectual property intellectual property rights intellectual property rights infringement interim injunction Internet Internet use IP IP infringement IP rights IPR IPR infringement iTunes likelihood of confusion music music downloads music industry music law On-line online content online IP parody tarnish tarnishment trade trade mark trade mark infringement trade marks trademark trademark infringement trademarks unfair unfair advantage YouTube

Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

27 September 2011 | Mark Weston

Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...

Tags on this discussion: B2C business-to-consumer class action consumer consumer contract consumer contracts consumer law consumer laws consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws data subject data theft database database right infringement databases DPA fair fairness Internet Internet use Internet user law suit lawsuit legal action liability limited liability misuse of data On-line Online online content personal data reasonable sensitive personal data site terms standard terms standard terms and conditions standard trading terms term terms Terms & conditions terms of use Ts & Cs Ts and Cs UCTA unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR void web web content web database web site web site content web sites Website website content websites

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...

Tags on this discussion: aggressive selling B2C business-to-consumer cancel cancellation consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumeres consumers CPUTR damage damages EU EU law European Union European Union law loss losses mislead misleading misleading selling refund rescind rescission unfair Unfair Commercial Practices Unfair Commercial Practices Directive

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

OFT wins court order against online trader who refused to deliver on time or give refunds in accordance with distance selling laws and misled over product availability

2 July 2011 | Mark Weston

The Office of Fair Trading has successfully obtained a judgment in Cardiff County Court against an online trader who breached various consumer laws. In particular, Mr Arora: Failed to deliver the products...

Tags on this discussion: B2C breach breach of contract business-to-consumer cancellation commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 consumer right consumer rights consumers contract breach cooling off period CPUTR delivery distance selling directive Distance Selling Regulations Enterprise Act Enterprise Act 2002 material breach misleading misleading selling right to cancel serious breach site terms standard terms standard terms and conditions standard trading terms terms Terms & conditions terms of use unfair Unfair Terms in Consumer Contracts Directive

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

27 June 2011 | Paul Gershlick

The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their clients...

Tags on this discussion: agreement agreements B2C business business-to-consumer businesses cancellation commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations consumers contract termination CPUTR fair fairness High Court Office of Fair Trading OFT OFT investigation right to cancel term termination Terms & conditions unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract trading Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations UTCCR void

“We Buy Any Car”…just not at the price you think

14 April 2011 | Mark Weston

We Buy Any Car, the online company that buys cars from consumers for re-sale, has agreed to provide written undertakings as to its future conduct after the OFT claimed that the company’s pricing structure...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements consumer contract consumer contracts consumer laws consumer protection Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 consumers CPUTR enforcement fair fairness Office of Fair Trading OFT On-line Online online advertising online content online shopping online trading undertaking unfair unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR web site web sites Website website content websites

M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”

2 April 2011 | Mark Weston

An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as...

Tags on this discussion: ad ads advert advertising adverts advocate general AdWords CJEU comparative advertising confusingly similar Court of Justice of European Union Court of Justice of the European Union ECJ EU Europe European Court of Justice European Union infringement Intellectual property intellectual property rights Internet Internet use Internet user IP IP infringement keyword misleading misleading advert misleading advertisement misleading advertising misleading adverts Online online advertising online content online marketing online trading search search engine search engines search result search term trade mark trade mark infringement trade marks trade marks directive unfair unfair advantage web web site web sites Website 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

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Latest news and views tagged unfair

Confusion between Gaga and Goo Goo results in injunction – Ate My Heart v Mind Candy, High Court

Government proposes new single consolidated Consumer Bill of Rights

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

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

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

OFT wins court order against online trader who refused to deliver on time or give refunds in accordance with distance selling laws and misled over product availability

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

“We Buy Any Car”…just not at the price you think

M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”

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

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