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Data protection and distress: claims set to increase as Court of Appeal rules compensation available for claimants who have only suffered "moral damage"

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • April 2 2015

The Data Protection Act 1998 allows data subjects to claim compensation for breaches of the Act that cause distress, but only where the breach ‘also’

English Court of Appeal split on whether own-name defence to trade mark infringement could be relied on in ASSOS v ASOS

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • April 1 2015

In a decision handed down this afternoon by the Court of Appeal in Roger Maier and Assos of Switzerland SA -v- ASOS plc and ASOS.com Limited, the

An update on commission and holiday pay

  • Bird & Bird
  • -
  • European Union, United Kingdom
  • -
  • March 27 2015

In the case of Lock and ors v British Gas Trading Limited, the ECJ held that commission payments must be taken into account when calculating holiday

IP case report for February 2015

  • Bird & Bird
  • -
  • European Union, United Kingdom
  • -
  • March 25 2015

The GC upheld the BoA's decision to reject the application on the basis that the mark was devoid of distinctive character under Art 7(1)(b). The BoA

First for Disputes Conference highlights

  • Bird & Bird
  • -
  • European Union, United Kingdom
  • -
  • March 19 2015

Video highlights from our First for Disputes Conference, a day of workshops and presentations where we gave our clients some insight into the key

The High Court whips up a design rights treat

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • March 6 2015

Shortly before Christmas, the High Court handed down its judgment on a case relating to the design of ice cream vans. Arnold J found that the

The importance of proving copying of unregistered rights in fabric designs in the UK

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • March 6 2015

John Kaldor ( JK) is a design house which makes and designs fabrics and supplied a sample of fabric (the 'JK Fabric', shown below) to Lee Ann (LA), a

Calculating the infringer’s profits in the UK

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • March 6 2015

Where the claimant succeeds in showing that his design has been infringed by the defendant, the claimant is entitled to recover either damages for the

Post-contract amendments: the old world and the new world

  • Bird & Bird
  • -
  • European Union, United Kingdom
  • -
  • February 19 2015

The extent to which you can amend contracts after signature is one of the most grey areas in public procurement. The European Court of Justice's

English High Court confirms enforceability of post termination restrictions against former franchisee

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • January 28 2015

On Friday 23 January 2015 in the case of Oven Clean Domestic Limited v Read the High Court in London confirmed that a fairly standard post termination