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Following on from the recent decision on Cadbury’s trade marking of the colour purple, the US fashion industry has also recently considered colours as trade marks. The American retailer Tiffany’s, (who already hold a number of trade marks for a blue colour) is supporting Christian Louboutin’s appeal against a court decision which stated that a single colour for fashion items is never subject to protection.
Many companies will be closely following the development of colours as trade marks; the often strong association of a colour with a brand or type of product by consumers is something many will want to closely protect, whilst others will be concerned about being increasingly restricted in their use of colours on packaging.
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
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Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
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