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Simmons v Castle clarifies 10% increase in general damages – but uncertainty remains

United Kingdom - February 14 2013 In July of last year, the Court of Appeal ruled in Simmons v Castle [2012] EWCA Civ 1039 that a 10% increase in damages should apply to all…

What constitutes bad faith when registering a trade mark? Another example from the European court

European Union - July 5 2017 The General Court of the CJEU has provided further guidance about the factors that will be considered, particularly the commercial logic of the…

Tattoos – scope for copyright?

United Kingdom - September 2 2013 The mention of a tattoo is not usually followed by questions on copyright but increasingly companies, advertising agencies and film studios are being…

The importance of including ‘subject to contract’ in settlement negotiation

United Kingdom - September 18 2013 In Newbury v Sun Microsystems [2013] EWHC 2180 (QB) it was held that a letter which sets out proposed settlement terms in a contractual dispute, and…

The use of metatags: is it “advertising”?

European Union, United Kingdom - July 31 2013 Businesses in the UK have for some time been subject to strict rules on misleading advertising, contained in the Business Protection from Misleading…