The rapid expansion of brands in the Chinese foreign market has problems relating to the protection of these arise and hence of their owners. The last amendment to the Trademark Law of China reflects one of the main problems that foreign companies often face in China which is "brand hijacking." The records of "bad faith" requested by the opportunists of fashion brands block applications for registration of trademarks by their rightful owners ...
The English case of Malcolm Newbury v Sun Microsystems Ltd, [2013] EWHC 2180 (Q8) illustrates the importance of carefully wording settlement offers. Although not a construction case, this of course applies equally to construction cases. Malcolm Newbury ("Mr Newbury") commenced legal proceedings against Sun Microsystems Ltd ("Sun") for just over US$2 million, being commission payable under a contract, and Sun counterclaimed for an alleged overpayment ...
BackgroundThe case relates to the insolvency of a women’s fashion retailer and their shops in Bristol and Leicester.In 2010 the landlords entered into agreements to surrender and deeds of variation with the company in relation to the two shops. The agreements granted rent concessions and in return the company agreed to surrender the leases for a premium, payable by the company ...
The news last week that the development of the Haymarket site in Edinburgh is to receive £9 ...
The Court of Appeal has overturned existing rules in England and Wales about administrators’ liability to pay rents falling due before their appointment. The Court ruled that rent payable in advance will now be treated as an administration expense for the whole period of occupation of premises by administrators for the benefit of the administration. Game's administrators sold the assets of the group, including a number of the stores, which continued to trade ...
Business Rates has been a hot potato in the property industry for many years, no more so than in the retail sector. We are a nation of shoppers, yet the outdated system of rates valuation disincentivises investment in retail property and inhibits growth. The way in which we shop has changed, with the growth of online and multi-channel retailing, but the way in which retail businesses are taxed on their bricks and mortar has not ...
The new Act on Strategic Investment in Croatia has achieved its goal of reducing administrative procedures and ensuring the speedy realisation of strategic projects in Croatia. In order to declare a project “strategic,” it must meet several criteria. Foremost, the project must be in accordance with spatial planning regulations. Also, the total amount of capital expense must be HRK 150 million (approx. EUR 19.6 million) or more ...
Jack Wills, the clothing company that markets itself as “outfitters to the gentry” has enjoyed recent success in its action against House of Fraser regarding the use of its logo. Jack Wills complained that the rights in its logo comprising a silhouette of a pheasant wearing a top hat and holding a cane had been infringed by House of Fraser’s use of a logo on its own Linea brand of casual clothing that comprised a profile of a pigeon wearing a top hat and bow-tie ...
In 2012 the Western Cape High Court handed down a trade mark judgement that raised eyebrows. The facts were that the owner of a farm called Zonquasdrift had a trade mark registration for the mark Zonquasdrift covering wine (but not grapes). The owner of another farm in the area sold wine grapes under its name, Zonquasdrif Vineyards (no ‘t’ at the end) ...
The authorities seem to have gone on the offensive on the issue of counterfeits. In the run-up to Christmas, the Department of Trade and Industry (DTI) has called on South Africans not to buy counterfeit goods, even if they are cheaper than the originals (as they invariably are) ...
Unlike the position in England, in Scotland there is virtually no statutory protection for a commercial tenant at the expiry of their lease.Provided sufficient notice has been given by their landlord, the lease will come to an end on the expiry date and, unless a deal can be struck with the landlord, the tenant is required to leave the property on or prior to that date ...
Condominium and villa investors will have a more affordable, flexible and attractive opportunity to invest in the Turks and Caicos Islands’ (TCI) real estate following the enactment of the Fractional Ownership Ordinance. The Ordinance has not yet come into force, but shall do so once a notice has been published in the gazette, to this effect ...
FUNGAL CONTAMINATION AND COMMERCIAL LEASES Fungal contamination: a complex problem The detection of a fungal contamination problem in a building can be a complex operation. For example, recurring water infiltration due to leaks in a building’s outer envelope can create an environment that is conducive to the growth of mould in spaces not visible to the occupant, such as behind walls, in ventilation conduits, and in the plenums of the ventilation system ...
This year the North Carolina Court of Appeals issued an opinion that effectively nullifies many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited warranties for construction defects to six years, even when the contractor or product manufacturer expressly provides a longer one. Plaintiffs George and Deborah Christie contracted for the construction of a custom home in Chapel Hill, North Carolina, in 2004 ...
The "pay when paid" issue has troubled the construction industry for many years. It refers to payment terms contained in a sub-contract, which typically provide that the main contractor shall pay the sub-contractor a certain period of time after the main contractor has received payment from the employer. The controversy is whether the phrase should be construed as creating a condition precedent to the main contractor's liability to the sub-contractor ...
In our Autumn update, we start with a nature theme by looking at problems caused by tree roots and Japanese knotweed. We also round up news on business rates and the new CRAR regime and then finish with a stark reminder about the perils of remaining in occupation once a lease has ended ...
In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer who illegally overcharged for the product supplied ...
On October 25, 2013, the Standing Committee of the National People’s Congress of the People’s Republic of China passed an amendment to the P.R.C. Law on the Protection of Consumer Rights and Interests (the “Amendment”) ...
The case arose out of the construction of a petrochemicals plant in the north east of England. The parties entered into an engineering procurement construction (EPC) contract for delivery of the plant.The purchaser, Sabic UK, considered that the contractor, Simon Carves, was not proceeding with due diligence as required by the EPC contract.Having issued a warning notice under the contract, Sabic terminated the contractor's employment ...
Introduction A collateral warranty can be a construction contract and therefore subject to the right to refer disputes to adjudication, according to a recent decision by the Technology and Construction Court in Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] EWHC 2665 ...
The Technology and Construction Court (“TCC”) decision in National Museums and Galleries on Merseyside (Trustees of) v AEW Architects and Designers Ltd [2013] EWHC 2403 (TCC) was published last month. In his decision, Mr Justice Akenhead shows much pragmatism in assessing the heads of quantum put forward by the Claimant, which some may view as particularly widely casted ...
The Minister of Finance has issued Regulation No. 37/PMK.04/2013 on Duty-Free Shops on 27 February 2013, which implements Article 48 of Government Regulation No. 32 of 2009 on Bonded Storehouses (Tempat Penimbunan Berikat). The Regulation will effectively be applied 90 days since the issuance date ...
Counterfeiting continues to make the news. Locally, we’ve just had a report of a R10 million bust in the Vereeniging area, during which fake soaps, shampoos, clothing and bags were seized, and seven suspects from Malawi, Mozambique and China (no surprises there), were taken into custody.But we are increasingly getting reports of counterfeiting in product areas that go way beyond the traditional stomping ground of FMCG and luxury goods ...
We recently had a Namibian court decision in a passing off matter, in the case of Mega Power Centre CC t/a Talisman Plant and Tool Hire v Talisman Franchise Operations (Pty) Ltd. The decision is interesting for a number of reasons. First, passing off cases are fairly rare, so any new decision is welcome ...
