India, being a common law country, enjoys certain privileges when it comes to Trademark Law. In addition to priority rights for “first to use”, and the remedy of “passing off’’ for unregistered marks, there exists another age-old common-law right, not typically considered in global strategy - the transborder reputation of an extra territorial trademark ...
In North Midland Building Ltd v Cyden Homes Ltd, the Court of Appeal held that an express contractual term allowing an employer to levy liquidated damages for periods of concurrent delay took precedence over a common law principle known as the prevention principle. Background Cyden Homes Limited (CH) employed a contractor, North Midland Building Limited (NMB), to design and build a large house in the Midlands, under a JCT Design and Build construction contract ...
On 14 July 2006, the Hong Kong and Mainland Chinese Governments signed a ground-breaking agreement entitled “An Arrangement on Reciprocal Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region pursuant to Choice of Court Agreements between Parties Concerned” (the “Arrangement”), under which they agreed to recognise and enforce judgments made in each others courts ...
A registered trademark in the British Virgin Islands is transmissible in the same way as other personal or moveable property. Transmission can be completed by assignment, testamentary disposition, or operation of law. When a trademark is assigned, the owner’s right, title, and interest with respect to the trademark is transferred to the new owner ...
Following the launch of a real estate investment trust with buy-back condition (the “REIT buy-back”), which we extensively covered in our last article, “Overview of REITs with buy-back conditions: The new mechanisms to help real estate owners survive in the midst of Covid-19”, aiming to alleviate the woes that business operators, particularly the hospitality sector, have endured during the Covid-19 era, on May 10, 2022, according to information revealed by the Director of
As dealer networks in the automotive sector re-open for business following the COVID-19 lockdown, we share below our main competition law watch outs for suppliers over the coming weeks and months. We know that current market conditions are tempting some people to reach out to their competitors – any competitor contact needs to be managed carefully from a competition law perspective ...
On 24 August 2021, The Department for Business, Energy and Industrial Strategy (BEIS) granted a one-year extension for manufacturers to begin applying the UK Conformity Assessed (UKCA) marks for products marketed in the UK. The new deadline is 1 January 2023. UKCA marks replace CE marks in the UK ...
In order to avoid the shortage of antiseptic and disinfectant products for external use, the Colombian Ministry of Health issued Resolution 520 of March 28, 2020 in order to establish new requirements for the manufacture of the above-mentioned products within the Colombian territory ...
Generations of restauranteurs and hoteliers have been told they cannot give away liquor. Since liquor by the drink was originally adopted in Tennessee in the late 1960s, it has been illegal to give away wine or spirits at any restaurant, hotel, entertainment venue or other on-premise outlet. No more. P.C. 755 allows any liquor by the drink establishment to serve a complimentary sample of wine ...
The controversial Indian Premier League (IPL) is now underway, with English cricket stars conspicuous by their absence. They have been banned from both the IPL and its rival tournament, the Indian Cricket League (ICL), by the England and Wales Cricket Board (ECB). Players competing in the ICL will receive a 12 month ECB ban, from all forms of English Country cricket ...
Gennex Media LLC, a customizable product online marketplace, and its sole officer and shareholder Akil Kurji, have agreed to an FTC consent decree resolving allegations the company falsely claimed its Brandnex novelty products were “Made in USA,” “USA MADE,” and “Manufactured Right Here in America!” when, in many instances, they were wholly imported from China ...
On 18 January 2019, the Supreme People's Court and the Department of Justice of the Government of the Hong Kong Special Administrative Region jointly signed theArrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region(the "New Arrangement"). In Hong Kong, the New Arrangement was meant to be implemented via local legislation ...
On 25 September 2020 Parliament approved the final draft of the revised Data Protection Act (rev-DPA).(1) The rev-DPA is expected to enter into force in 2022. However, it is subject to a facultative referendum and the corresponding ordinance will be adapted accordingly – thus, the rev-DPA is still a work in progress ...
The Manchester Crown Court made an order confiscating a landlord’s rent under the Proceeds of Crime Act 2002 for breaching a planning enforcement notice. Manchester’s Curry Mile is home to one of the largest concentrations of Asian eateries in the UK. Until recently, the Mile had also been the home of ‘Dubai Café’ ...
The popularity of wild camping following the easing of the first lockdown caused a number of problems for landowners and managers concerned about the impact on the countryside. Now, as we head into a summer of staycations, landowners may wish to familiarise themselves with the public’s right of responsible access afforded by the Land Reform (Scotland) Act 2003 ...
The High Court has ruled in favour of pop star Rihanna against high street clothes retailer Topshop, which used an unauthorised image of her (almost identical to one used on her CD) on some of its T-shirts.Customers had believed it was an approved image, so the High Court confirmed Topshop was guilty of passing off ...
The Ministry of Production (Produce), through the National Fisheries Health Agency (Sanipes), issued a guide with preventive measures to be implemented by operators of fishing and aquaculture infrastructures during the exercise of their activities against the expansion of COVID -19 ...
On April 18, 2023, Fox News agreed to pay Dominion Voting Systems a staggering $787.5 million to settle a defamation lawsuit. Particularly startling about the settlement is that Dominion was valued at around $51 million as recently as 2018, meaning that the settlement resulted in a payout up to fifteen times Dominion’s value. Dominion filed the lawsuit in response to publicly broadcast statements by Fox News and its guests after the 2020 election ...
The United States Supreme Court will soon decide whether public officials may be liable for blocking constituents on social media. On October 31, 2023, the Court heard oral argument in O’Connor-Ratcliff v. Garnier[i] and Lindke v. Freed,[ii] cases in which local school board officials and a city manager, respectively, are alleged to have blocked constituents from commenting on, or viewing, public social media accounts used for both government business as well as personal affairs ...
On April 17, 2024 the Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) issued a Risk Alert regarding investment advisers’ compliance with amended Investment Advisers Act Rule 206(4)-1 (the “Marketing Rule”) ...
Summary of Public Policy and Prior Amendments The Minimum Fuels Storage Public Policy (the “Public Policy”) was released by Mexico’s Ministry of Energy (“SENER”) on December 12, 2017. The objective is to improve energy security in Mexico and ensure adequate energy supply and competitive prices, through the establishment of mandatory minimum fuel inventories and reporting obligations ...
In an August 14, 2020 response to a letter written on behalf of the American Seniors Housing Association and Argentum, the General Counsel’s office of the Department of Health and Human Services has determined that senior living communities are a “covered person” under the Public Readiness and Emergency Preparedness (PREP) Act, which creates immunity from liability for the administration or use of “Covered Countermeasures” in response to COVID-19 ...
Media reports are letting us know that the "Serbia - A Strategic Crossroads between Western and Eastern Europe," conference was held in Paris on 15 September, where the French companies were presented with the political and economic environment in Serbia, as well as with the ensuing investment opportunities and the possibility of financing economic projects ...
