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Bang & Olufsen has been refused registration of the shape of one its speakers as a community trade mark. The General Court of the European Union confirmed that whilst the shape of a product may be registrable as a trade mark, a mark which consists exclusively of the shape which gives substantial value to the goods cannot: this is an absolute ground for refusing to register a mark. The court found that the design of the Bang & Olufsen speaker was an essential part of Bang & Olufsen’s branding and increases the value of the product as well as being a key selling point of the product. The shape therefore gives ‘substantial value’ to the product making it unregistrable.
This has to be the right decision: whilst the design of the product gives value to the goods it does not act as a badge of origin.
The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.
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Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.
Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
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