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If it looks like a KitKat… why perception alone isn’t enough for shape trade marks

As Nestlé loses its battle to register the 3D shape of its KitKat bar as a UK trade mark, we set out some practical tips for businesses wishing to register their products as shape marks.
26 June 2017

No need to vary freezing orders to enforce pre-existing security

The case of Taylor v Van Dutch Marine Holding Ltd confirmed that a secured creditor does not need to vary a freezing order granted to a third party to enforce its pre-existing security.
02 June 2017

Unintended consequences: restructuring wipes out loss in negligent advice claim

The Supreme Court has unanimously held that the distinction between a company and its owner is crucial in considering whether damages are payable as a result of negligent advice given to the company.
02 June 2017

Insurance reform: redress when insurers pay late

Late payment of claims provisions of the Enterprise Act 2016 are now in force. Policyholders can now seek compensation from insurers failing to pay claims within a reasonable period of time.
24 May 2017

Corporate offences of failure to prevent facilitation of tax evasion: what you should know

We look at the corporate offences which are expected to come into force in September with the Criminal Finances Act 2017.
12 May 2017

The new normal: SFO enters into £129 million Deferred Prosecution Agreement with Tesco

In entering its fourth deferred prosecution agreement, the Serious Fraud Office has imposed a fine of £129 million on Tesco for artificially inflating its profits and misleading investors.
05 May 2017

FCA v Macris: restrictive meaning of "identifies" under s393 FSMA 2000

Supreme Court overturns the findings of the Court of Appeal and the Upper Tribunal and adopts a restrictive meaning of the word "identifies" in s393 FSMA 2000 in FCA v Macris.
03 May 2017

The new financial sanctions regime: key changes for businesses

Part 8 of the Policing and Crime Act 2017 is now in force, bringing substantial changes to the UK's financial sanctions enforcement regime. We review the changes and what they mean for businesses.
27 April 2017

Competition regulations: UK implements EU Damages Directive

The Regulations, which implement the EU Damages Directive, seek to improve the private enforcement of competition law cases in the UK. We summarise the key changes.
26 April 2017

Adjudication enforcement: administration is no escape route

In South Coast Construction Ltd v Iverson Road Ltd, the Technology and Construction Court found that an administration moratorium should not prevent enforcement.  
06 April 2017

Brexit: IP in the UK and EU, post Article 50

We consider the potential implications for IP strategy in the UK and EU following the UK government's notification of invoking Article 50.  
05 April 2017

Supreme Court restates SAAMCO principle in landmark judgment

In a unanimous landmark judgment, the Supreme Court has restated the SAAMCO principle and, in doing so, overruled much of the last 20 years' judicial interpretation of a notoriously difficult case.
04 April 2017
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