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Registering one’s trade marks delivers significant business benefits for brand owners. A registration provides a “monopoly” for your particular mark in respect of the goods and services for which it is registered.
In England and Wales, the vast majority of incorporated businesses are private companies limited by shares or limited liability partnerships (LLPs). These structures are favoured in the UK as both LLPs and limited companies shelter the personal assets of their members (partners in an LLP, shareholders in a limited company) in the event of a liability of the entity itself. However, there are still a number of personal risks associated with the operation of these businesses.
One area of uncertainty has always been the extent to which an annual bonus (whether for individual or company performance or a combination of factors) should be included in the holiday pay calculation.
The Financial Conduct Authority (FCA) plays a crucial role in overseeing the UK’s financial services industry, ensuring that firms adhere to regulations designed to prevent financial crime, including money laundering. Money Laundering Reporting Officers (MLROs) are pivotal in this framework, responsible for detecting and reporting suspicious activity to safeguard against money laundering.
The inaugural Silver Notice, requested by Italy in relation to assets belonging to a senior member of the mafia, was welcomed by INTERPOL General Secretary, Valdeny Urquiza, who laid bare the scale of the challenge when commenting that “… 99 per cent of criminal assets remain unrecovered.”
At first blush, it might be considered that this case marks a new dawn for enforcement authorities demonstrating their willingness to seek high value recovery orders and to pursue aggressive litigation tactics, including applications for summary judgement; however, it seems more likely that the DPP was encouraged and indeed emboldened by the exceptional factual matrix and the Defendant’s litigation conduct.
The Supreme Court’s recent judgment in SkyKick v Sky found that the Court of Appeal were wrong to overturn the High Court’s decision that Sky had acted in bad faith when registering some of their broad trade mark registrations in relation to the specifications.
The Court found that the funds and cryptocurrency held by the Tate brothers are the proceeds of a deliberate and dishonest cheat of the revenue (HMRC).
On appeal, Prada argued that its triangle mark had been used in a commercially meaningful way across the contested product categories. The company presented a wealth of evidence to substantiate its claims.
There have recently been several disputes pertaining to Aldi’s supermarket own-brand products, essentially the alleged copying of goods from other leading brands. Recent legal rulings have indicated that, whilst these “copycat brands” may be similar, it is unlikely to cause confusion substantive enough to amount to infringement under the Trade Marks Act 1994 (“TMA”). Registered design rights, however, may give a considerable advantage in fights against “copycat brands”.
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