My company has a good market abroad in the US and our product has sold well. However, we have received a legal notice from a company that says we have breached its copyright. We are worried about the expense of a US court case. How can we deal this? First, you need to defend the claim. You will probably be advised to fight fire with fire, but if you think the other side may see reason, consider opening an early dialogue. Aside from the expense of US litigation – losers don’t pay winners’ legal costs, so even if the claim…
This article first appeared in the Solicitors Journal on 19th March 2013, and is reproduced with their kind permission.Hawes provides further guidance on the circumstances where a will drafted by an experienced solicitor may be challenged, so how much clearer are practitioners about their duties, ask Emily Exton and Katherine Robinson Last month the Court of Appeal sent tremors in private client circles when it found in Hawes v Burgess [2013] EWCA Civ 94 that a will drafted by an experienced and independent solicitor should be held invalid because the testatrix did not know and approve its contents. The judgment…
This article was first published by Solicitors Journal on 5 March 2013 and is reproduced by kind permission. See www.solicitorsjournal.co.uk Business lawyers are increasingly finding themselves advising clients about the potential liability of walking out of a contract, but it need not be all bad news, says Jonathan Silverman The deteriorating economic climate is forcing a greater number of business owners and entrepreneurs to walk away from deals, leaving practitioners facing this question: how do you advise a client who no longer wishes to proceed? Whether it’s a client who has decided to cancel the purchase of a new car,…
Don’t lose your bottle I am the owner of an independent brewery. Demand for the beer keeps growing, and while we have trademarked our name, part of the distinctiveness of our product is the bottle that it comes in. We are worried that competitors are starting to realise the appeal of our packaging and might start to do something similar. Is there any way that I can protect the packaging as a trademark? In the UK and many other countries, the appearance of a product or its packaging can be registered as a trademark, and registrations of bottle designs are…
Don’t lose your bottle I am the owner of an independent brewery. Demand for the beer keeps growing, and while we have trademarked our name, part of the distinctiveness of our product is the bottle that it comes in. We are worried that competitors are starting to realise the appeal of our packaging and might start to do something similar. Is there any way that I can protect the packaging as a trademark? In the UK and many other countries, the appearance of a product or its packaging can be registered as a trademark, and registrations of bottle designs are…
Let the Seller beware My company has been approached by a larger business, which wanted to purchase my business as a going concern. They have offered a good price, but I’ve since heard rumours about how they cut corners in the business and I am also concerned that they might struggle to find the purchase price. If these reports are true I’d rather not enter negotiations. I don’t want to alienate them or accuse them of anything. How can I find out more before deciding whether or not to sell? Ask them for more detail, such as confirmation from their…
Never leave the family home unless absolutely necessary, e.g. your partner has obtained a Court Order, Injunction or other legal instrument, or you are fleeing violence from your partner. Never leave voluntarily. You will probably never be able to return to your house, either to see your children or collect personal belongings. Beware of an unanswered divorce petition Some allegations in the ‘particulars’ if not answered may come back to haunt you, affecting contact, residence and financial issues. You have a right to file an answer to the divorce petition even though you don’t choose to defend the divorce. Refute…
By specialist legal consultant and McKenzie friend Rodney Hylton-Potts. Being a litigant in person is nothing to be afraid of. These should be useful tips. 1. Just as solicitors you have to comply with the Court rules. One is to prepare trial bundles for yourself, the other side and the Judge. Buy four lever arch files on Amazon or W.H. Smith set up a bundle cover as follows. Case Number: IN THE ?? COUNTY COURT BETWEEN Claimant -and- Defendant ___________________________________ Trial Bundle ___________________________________ Printed on A4 paper and also half an A4 (justify right) to go on…
I am the owner of an independent brewery. Demand for the beer keeps growing, and while we have trademarked our name, part of the distinctiveness of our product is the bottle that it comes in. We are worried that competitors are starting to realise the appeal of our packaging and might start to do something similar. Is there any way that I can protect the packaging as a trademark? In the UK and many other countries, the appearance of a product or its packaging can be registered as a trademark, and registrations of bottle designs are common. Your ability to…
My company has been approached by a larger business, which wanted to purchase my business as a going concern. They have offered a good price, but I’ve since heard rumours about how they cut corners in the business and I am also concerned that they might struggle to find the purchase price. If these reports are true I’d rather not enter negotiations. I don’t want to alienate them or accuse them of anything. How can I find out more before deciding whether or not to sell? Ask them for more detail, such as confirmation from their bankers or accountants that…
