The Practical Lawyer

Generally, if there is an ambiguity in an exclusion clause, then that ambiguity will be construed against the person who is trying to rely on the exclusion clause (the contra proferentem principle).

You cannot register a trade mark in the UK if its use is likely to be prevented by a protected unregistered mark (eg via passing off). But, what happens if there is merely local goodwill in that unregistered mark?

To what extent can a supplier of luxury goods limit the extent to which those goods are sold on unauthorised sites? For instance, can Coty insist that its authorised re-sellers only sell its goods through those re-sellers’ own online sites (and not on the likes of ebay and Amazon)?

The High Court has recently held that it is possible for a TV format to be the subject of copyright protection as a dramatic work.

There has been an important decision that seems to restrict the ability of a trustee in bankruptcy to use privileged documents belonging to the bankrupt.

Electronic Communications Act 2000 says that electronic signatures are admissible in evidence; however, it does not go as far as saying that they have the equivalent legal effect as ‘wet-ink’ signatures.

Shares in a private company are unlikely to be readily saleable. Indeed, there are often restrictions on sale. The end result is that family members can inherit shares which may have value on paper, but produce very little income if the company does not pay significant and regular dividends.

The Supreme Court has held that the ‘location’ of a debt due under a letter of credit is the place of residence of the debtor – not where the debt is due to be paid.

Prior to 2005, it was necessary for an employee/inventor to prove that the patent (not just the invention) was of ‘outstanding benefit’ to the employer in order to be able to claim compensation. But, since 2005 employees can claim if the patented invention is of ‘outstanding benefit’ to the employer.