Legal and Regulatory News

Updates on the latest legal and regulatory developments

Film

Holiday pay due on overtime: what is your exposure?

On 4 November 2014, the Employment Appeal Tribunal ruled that compulsory non-guaranteed overtime should be included in the calculation of holiday pay, but limited the scope for backdated claims.

10 November 2014

LANDMARK JUDGMENT PROVIDES NEW RIGHTS FOR TRADE MARK OWNERS TO COMBAT ONLINE SALES OF COUNTERFEIT GOODS

(Cartier and Others v BSkyB and Others [2014] EWHC 3354 (Ch))

Luxury brand owners Cartier have successfully applied for a court order requiring a number of Internet Service Providers to block websites that infringe their trade marks.  Judge Richard Arnold's landmark judgment, dated 17 October 2014, brings the relief available for UK trade mark owners in line with EU legislation and UK copyright laws.

10 November 2014

Commercial Litigation

Managing a corporate reputation in the 21st century

A practical guide to preventing damage to a company's reputation, formulating strategies to deal with traditional and online media, and managing political engagement.

05 November 2014

Employment

EAT gives judgment on holiday pay cases

The Employment Appeal Tribunal ("EAT") has handed down its judgment inBear Scotland Limited & Others v Fultonand related appeals, holding that the European Working Time Directive requires that payments for compulsory non-guaranteed overtime form part of normal remuneration and should therefore be included in the calculation of holiday pay for leave taken under Regulation 13 of the Working Time Regulations.

05 November 2014

New practice on the scope of protection of Black and White Marks

New practice on the scope of protection of Black and White marks

Following the decision in Specsavers International Healthcare Limited and Others v Asda Stores Limited (Case C-252/12), which concerned the infringement of a Black & White (B&W) registration that had been used extensively in a particular shade of green, OHIM and various European national trade mark offices decided to revise and adapt their trade mark practices in relation to assessing the scope of protection of B&W marks. This process formed part of the OHIM Convergence Programme to harmonise Trade Mark and Design Law practice in the Trade Mark Offices of the EU.  As different Offices had previously been applying different practices in relation to B&W marks, it was difficult for trade mark owners and practitioners alike to know the scope of protection of B&W registrations throughout the EU as this differed from country to country.

04 November 2014

Gambling

Sweden referred to Court of Justice over online gambling legislation

On 16 October 2014 the European Commission announced its decision to refer Sweden to the Court of Justice of the European Union as a result of the non-compliance of Swedish online gambling legislation with EU law. The referral follows an unsatisfactory reaction by Sweden to the Commission's November 2013 compliance request.

21 October 2014

IP Litigation

Specsavers rescues its wordless logo mark as court battles concludes

Specsavers rescues its wordless logo mark as court battle concludes

The Court of Appeal has handed down its decision in the final instalment of the long-running court battle between Specsavers and Asda (Specsavers & ors v Asda Stores[2014] EWCA Civ 1294). To re-cap, this case arose from a 2009 marketing campaign by Asda for its in-store opticians' services, which featured the straplines 'Be a real spec saver at Asda' and 'Spec savings at Asda', alongside a logo comprising two ovals similar to the well-known overlapping ellipses logo used by Specsavers for many years.

 

 

 

 

20 October 2014

Gambling

Industry takes stock after Singapore’s Remote Gambling Act is passed

Singapore's Remote Gambling Act is here - and far beyond the borders of the South-East Asian city-state, the gambling industry is weighing up the implications of one of the most far-reaching and restrictive remote gambling laws seen in any jurisdiction to date.

16 October 2014

Employment

Employment update - Autumn 2014

Did you miss some of our recent employment law updates and Digital Employment blog posts from the last few months?  Catch up with them here.

13 October 2014

Life Sciences

Olswang EU Competition Law Bulletin - Life Sciences Focus

In this bulletin we provide an update on recent EU competition law activity in the life sciences sector. This includes an outline of recent European Commission merger control activity, an overview of the appeal by Servier and others of the Commission's decision to impose fines of €427.7m for anticompetitive practices and news of an investigation by the Spanish competition authority into alleged price fixing of blood sugar strips. We also report on the UK Competition and Market Authority's new Private Healthcare Market Investigation Order 2014.

07 October 2014

Corporate

Olswang Corporate Quarterly - Autumn 2014

In this edition we feature a series of articles on one of the biggest proposed changes in company law for some years.  The Small Business, Enterprise and Employment Bill currently making its way through Parliament will require the individuals who control UK companies to be publicly disclosed for the first time.  There are also draft provisions for the abolition of bearer shares, changes affecting company directors and new corporate administration procedures.

We also consider whether there is a duty to speak up when the other party to a contract is acting under a mistaken assumption - a question considered in the recent Starbev v Interbrew case.  Our regular Did You Know? feature highlights the new approach taken on the validity of agreements to negotiate in Emirates Trading Agency v Prime Mineral Exports.  It also looks at new guidance published on equality law and director appointments and includes a reminder of recent changes relating to employee share incentive arrangements.

03 October 2014

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