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In a case involving Ford Motor Company concerning the unauthorised manufacturer of wheel trims bearing Ford’s trade mark, the Italian tribunal of Torino has requested a preliminary ruling by the CJEU (Case C-500/14).
It has posed two questions, which essentially enquire whether Article 14 of Directive 98/71 and Article 110 of Regulation (EC) No.6/2002 (both transitional provisions on design rights) extend a design law defence for spare parts to manufacturers wishing to apply the original manufacturer’s trade mark to their spare part products (to ensure a consistent look and feel with the rest of the car).
If the CJEU answers in the affirmative (which is unlikely), spares manufacturers may be entitled to freely apply OEM trade marks effectively circumventing trade mark law. With potential to cause considerable confusion amongst the public as to the origin of such products, the CJEU will need to consider this overlap of IP rights very carefully indeed.
A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.
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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?
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.
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