Taking the Biscuit? 07/07/2011
Following recent changes to the Privacy and Electronic Communications Regulations, all operators of websites based within the E.U. are now required to obtain the consent of their users if they propose to automatically gather or leave information on their users’ computers.
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Online Advertising - Nothing is Free 15/03/2011
On 1st March 2011, the Advertising Standards Agency’s remit was extended to cover advertisements and other marketing communications on organisation’s own websites and in other free online space under their control.
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Grey Market. Grey Area? 05/10/2010
The founding principle of the European Union was the creation of the single market and at the heart of that principle is the doctrine of exhaustion of rights which provides that a company which makes its goods available for sale within the European Economic Area (i.e. the Member States of the EU, together with Norway, Iceland and Liechtenstein) cannot prevent those goods from subsequently being sold anywhere else within the EEA.
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Are Your Terms And Conditions In Need Of A Health Check? 17/06/2010
Given the state of the economy, you will not be surprised to know that we are seeing an increase in businesses and individuals trying to use all legitimate means to get out of business arrangements. We are also advising companies on how to improve the value they get from their commercial contracts.
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The Internet and Online Trading: Changes to Competition Law 14/04/2010
Imminent changes to competition law mean that all suppliers need to understand and take advice on competition law issues before attempting to impose any restrictions on their distributors.
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Maintaining Business Success and Protection in Difficult Times 16/03/2010
Five top tips from Herrington & Carmichael LLP to protect you and your business during difficult trading conditions.
The current ecenomic climate heightens the risk to any business. It could be from customers not paying, from overstaffing, or from trading while insolvent. But there are still steps businesses can take to ensure they are well placed to deal with the credit crunch.
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Who owns your Website? 01/10/2009
Who does own your website? (Or trade mark, logo and branding)
A common source of dispute in day to day business that we see, and particularly on a transfer / sale of a business, is ownership of the intellectual property rights (IPR) that exist in designs, software, processes and systems.
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Meetings and Written Resolutions 16/07/2009
How do the changes affect your company?
One of the stated aims of the Companies Act 2006 (the “2006 Act”) was to make it easier to set up, run and manage a private limited company. It has done this by introducing new provisions relating to members’ (shareholders) meetings and resolutions.
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Whose Name is it Anyway? 04/11/2008
Have you found that another business is seeking to profit from the goodwill in your brand or the reputation of your business?
The opportunistic registration of a company name, similar to that of your business, is one way this can occur.. The effect of such registrations may be two fold. Firstly, the reputation of your business may be damaged if the quality of the goods / services supplied by the registrant do not meet the high standards of your business, and secondly, the fact that the trade is going to a competitor will have a direct impact on the profitability of your business.
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How To Make Your Mark 01/01/2008
Prior to December 2007, the Intellectual Property Office (‘IPO’) would refuse an application for the registration of a trademark where its search of the trademark registry revealed a conflicting mark. This is no longer the case and the IPO will now no longer refuse to register a trademark where a conflicting mark is registered unless the holder of the earlier mark successfully opposes the application.
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Intellectual Property Rights 27/04/2007
How To Protect Your Software
How do you protect this core element of your business? There are some statutory provisions that govern software protection but these are, on the whole, limited in their application, complex and expensive to enforce. The main statutory provisions are copyright and patents both covered under the Copyright Designs and Patents Act 1998.
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Intellectual Property Rights 01/04/2007
How To Protect Your Business’s Database(s)
Most business will have developed at least one database, commonly a list of its customers and their contact details. Such information is very valuable to any business and large amounts of time and money are likely to have been invested in compiling it. It is therefore very important to take steps to protect your businesses database(s).
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Deals Book 2008 09/04/2009
Review of Deals and Commercial Matters
Welcome to the Herrington & Carmichael Deal Book 2008 –summarising the range of transactions and commercial work undertaken in the past year.
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Deal Book 2007 13/02/2008
Review of deals and commercial matters
This review highlights just some of the transactions and matters in 2007 where our solutions-led approach has benefited our clients. The type of instructions range from acquisition and disposal of businesses, management buy-outs, directors’ agreements, intellectual property rights, property development, land purchasing, employment disputes and TUPE requirements.
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