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Inside IP: black cab trade mark claim driven out of court

In another significant blow to trade marks for the shapes of products, a decision from the High Court taken by Mr Justice Arnold held that trade mark registrations for the "iconic" shape of a London taxi were invalid (partly because they were, or could have been, protected as registered designs).

BVI Litigation Update Storca & Mulyukov -v- Minco, Norvalo, Golub & Ors.

Since the summer of 2015, Mishcon de Reya has been leading a multijurisdictional team of lawyers acting for clients Storca Intertrans Corp and Evgeny Mulyukov in various proceedings, including substantial proceedings before the BVI Commercial Court and the Court of Appeal of the Eastern Caribbean Supreme Court.

The new penalties law: a more flexible test

In a landmark decision the Supreme Court has set out a new approach to the identification of penalty clauses.

The Recruitment Industry and the 2016 T&S Expenses Draft Legislation

As announced in the 2015 Autumn Statement, on 9 December 2015 the government published legislation in the draft Finance Act 2016 to change certain rules on travel and subsistence expenses.

UK Update: Anti-Money Laundering

On 15 December the Gambling Commission published a document detailing weaknesses identified in the Anti-Money Laundering (AML) controls in two UK land-based casinos operated by Caesars Entertainment (the Playboy and the Casino at the Empire).

Court grants woman who had lost her 'sparkle' right to die

The Court of Protection has ruled that a woman - referred to in the case as 'C' - who wanted to die after losing what she called her "sparkly" lifestyle, is entitled to refuse lifesaving medical treatment.

Fiduciaries – facing even greater challenges?

The recent Jersey case In the matter of the P Trust and the R Trust [2015] JRC demonstrates that the Court has jurisdiction to declare the exercise of fiduciary powers invalid even where all formal requirements have been complied with.

This is not just any Supreme Court Decision

The Supreme Court has confirmed that a landlord is not required to repay sums paid by a tenant relating to a period after a break date

The Autumn Statement 2015

This Autumn Statement was a Spending Review, focusing on the detail of the Government's long-term economic plan and attempting to mollify the recent tax credit furore by positioning the Conservatives as "the builders".

Maintenance payments: why the financial reality matters

Terminating the financial relationship between a divorced couple is an obvious and necessary step to emotional and practical independence for the individuals concerned.

Mishcon de Reya response to the HM Treasury consultation on changes from April 2017 to the taxation of non-domiciles

New taxation rules for non-doms are to be introduced from April 2017 and have been under consultation by HM Treasury for the past six weeks.

Cyber Security: Protecting your Business

With cyber security dominating the headlines over the last seven days, Partner and data theft expert Hugo Plowman has put together five things businesses can do to protect their business before a data breach occurs and if a breach takes place.

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Dishonest Disclosure: The Implications of Sharland and Gohil for Divorcees

Much has been made of last week's Supreme Court judgments in the conjoined appeals of Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61, with headlines ranging from 'scorned wives win ruling on divorce settlements built on fraud' (The Telegraph) to 'have these two ex-wives put the final nail in the coffin of marriage?' (Mail Online).

Failed investment claims – what are the options for investors?

There is an increasing tide of investors, both private individuals and corporates of all sizes, spurred on by the high profile whistle blower and FCA driven investigations into the past practices of RBS, Tesco and the like, now bringing claims to hold such companies and their directors to account and recover losses linked to these sorts of misrepresentations (whether accidental or intentional).

Radical changes for non-doms for 2017

The government has now published its consultation document on Reforms to the Taxation of Non-domiciles ("non-doms").

Assured Shorthold Tenancies: Key Changes from 1 October

It is easy for landlords to get caught out when granting an assured shorthold tenancy (AST). A failure to strictly comply with procedural requirements can mean taking back possession at the end of the tenancy is more difficult.

Employees opt to swap employment rights for shares

"Employee shareholder" status offers potentially valuable capital gains tax relief to employees prepared to give up key employment rights.

Lessons from China: Michael Jordan versus Chinese trade mark law

Michael Jordan is one of the most widely marketed athletes in history. As he stated in 2012, "during my basketball career and now as a businessman, I’ve worked hard to establish my identity and brand, and I take tremendous pride in the shoes and apparel that feature my name and logo.

Littlewoods: Update on Compound Interest

The Court of Appeal has upheld the High Court's decision in Littlewoods Ltd and others v HMRC [2015] EWCA Civ 515 that the taxpayer was entitled to interest on a compound basis on the overpayment of VAT.

Musical Chairs? Not such a good game from the IPEC

Two recents decisions of the intellectual property enterprise court (IPEC) may have important consequences for the geographical extent of use that you must be able to show in order to maintain your community trade mark (CTM).