‘CorporateFILE’

First to File Gains Trade Mark

Wednesday, October 3rd, 2012

When an agricultural equipment manufacturer found that another company had registered a Community Trade Mark (CTM) that was similar to one of its own brand names, it opposed the registration, arguing that the company that had registered it had only done so to prevent it from continuing to market its ...

No Damages When Contract Breach Follows Allegation

Wednesday, October 3rd, 2012

When a sporting goods distributor terminated its distribution/licensing agreement with a manufacturer, the distributor claimed that the termination was because the contract had been repudiated by the manufacturer. The distributor sought damages for the loss of profit for the remaining term of the contract. It is usual in such cases for ...

Parent Company Carries Can for Subsidiary

Wednesday, October 3rd, 2012

When a man who was diagnosed with asbestosis sought compensation from his former employer, he discovered that the company was no longer in existence and its insurance policy had included an exception for asbestosis. However, its parent company was still trading. He therefore brought a claim against the parent company and, ...

Reverse Takeover Agreement Upheld in Part

Wednesday, October 3rd, 2012

Failure of a single term does not necessarily cause the whole agreement to fall down, as a recent High Court judgment shows. ParOS plc and Worldlink Group plc entered into an outline agreement for a type of merger known as a ‘reverse takeover’. This involved ParOS, a company listed on the ...

Brethertons Expands With New Associate Appointments

Thursday, May 24th, 2012

Brethertons solicitors is celebrating the promotion of five members of staff to the role of Associate within the Firm. The new Associates, Gemma Kelsey (Family Law team), Mark North (Property Management team), Elizabeth Joice (Conveyancing team), Elaine Hamblett (HR) and Andrew Vigus (Finance team), are delighted with their new titles ...

Brethertons Are On Top Of The World (Nearly…)

Thursday, May 24th, 2012

Brethertons solicitors believes it has achieved its aim of becoming the highest solicitors practice in the world, following a charity’s successful trek to the world’s highest mountain with the Firm’s logo emblazoned upon a silk flag hoisted at Everest Base Camp. Brethertons sponsored local businessman, Gary Bricknell, in his attempt to ...

Free Legal Review of Your Business

Thursday, May 24th, 2012

Brethertons is offering start-up businesses the chance to win a free review of their business particulars. The review is a comprehensive check of the company, and looks at: The structure and constitution of the business Company compliance Insurance Trading terms Employment contracts Operational licences Business premises Intellectual property Sales ledger Future growth Your personal estate All you need to do to be with ...

Cookie Anyone?

Thursday, May 24th, 2012

On 26th May 2012 all websites which use cookies should comply with the regulations introduced last year controlling the placement of cookies on a user's computer. The 12 month grace period agreed by the Information Commissioner's Office (ICO) when the 2011 regulations came into force is just about to expire and ...

Take Care on Business Disposals

Thursday, May 24th, 2012

Business owners will be aware that entrepreneur’s relief operates to reduce the Capital Gains Tax on qualifying business assets and that the availability of the relief can be crucial in obtaining a low-tax exit when a family business is sold. However, as with all reliefs, HM Revenue and Customs (HMRC) insist ...

Further Clarity on Optical Trade Mark Case

Thursday, May 24th, 2012

A recent case dealt with the vexed question of how similar one’s advertising can be to the trade marks of another company before this constitutes an infringement of its intellectual property rights. When supermarket giant ASDA sought to break into the optical market in 2008, it launched an advertising campaign which ...