List Legal Updates

IPRS- no deal Brexit
Testimonial from J
Food Safety Guidance
BREXIT: Civil Procedure Rules
Post Brexit :Workers’ Rights
Education Testimonial - MO
Testimonial from T7
Testimonial Settlement Agr: AW
Food Labels, Food Labelling
Dentistry BDS
ML Testimonial Collusion
Testimonial FRCS T&O Candidate
Testimonial from Doctor, KE ST6
FAQ on Intellectual Property
Testimonial Amrita Nutrition
Testimonial from Pro Muscle
Fitness to Practise Medicine
Media Testimonial
Article: Pharma Taxable Supplies
Testimonial: Plagiarism
Education Testimonial SM
Privacy Policy
ARCP Outcome 4 Brochure
ARCP Outcome 3 Brochure
Media Brochure
Food Hygiene Brochure
Internet Law
Higher Education Brochure
Food and Drink Law
Settlement Agreement Brochure
IP Law Brochure 2018
Testimonial Higher Education SM
Settlement Agr Testimonial VL
Employment Law April 18
Testimonial Fitness to Study -SS
Dr W.M Testimonial ARCP
Legal Update: Higher Education
Settlement Agr testimonial DN
Testimonial: Senior Executive
Article Contract Cheating
Education Testimonial MM
Traditional Herbal Registration
Testimonial Education from KG
Part 1 Article GDPR
Misleading Advertising
Settlement Agreement: SH
Education Law from KaurK
GDPR: Data Breach Reporting
GDPR Advice
Cosmetics : Beauty Select
ARCP Outcome 3 to 2- MM
MRCP(UK) Testimonial
HS Testimonial Settlement Agr
RT Testimonial Settlement Agr
Education Testimonial - WI
Testimonial Law Graduate: PK
Testimonial CB: Higher Education
Medical Student Testimonial
Testimonial: Appeal to GPhC
OIA outcome: Ayelet Wellard
Education Testimonial KM
Education Testimonial from SC
Testimonial: Dr Khan F2 Doctor
Food Resource Disposal
We are moving
Testimonial from MA Zubair
Education Testimonial - IG
Food company in breach
Closing Times for Christmas
We have moved
Testimonial: Settlement
Quotas for Confectionery Products
Education Testimonial
Nutraceuticals/functional foods
Confectionery Products
Testimonial Education from IC
University breach of contract
Testimonial: Settlement Agreement
Testimonial: Education from NB
Testimonial Dr Rob Davies
Publishing Agreement - Binding?
Community Trade Marks
Breach of Contract
breach of contract
Trade Mark Invalidity
New Testimonial from XLL
RT Cooper is a reliable law firm. I am an international postgraduate student from China who studied in the UK. Unfortunately I was undergoing a tough academic appeal. After the initial attempts by myself, I finally turned to RT Cooper for professional help. Before I decided to choose RT Cooper, I consulted several firms, but RT Cooper made me feel most comfortable. I had my first consultation with Rosanna Copper who made me feel she was really relating herself with my experience and circumstances. The compassion she showed me influenced my final choice. She was really willing to help me and spend her time on the case. She is very sharp. She knows what the key arguments are which can help us students to get better chances in our appeals. Though my case was not easy, she still gave her all to help, and I believe we made a very strong appeal letter. I really appreciate her work. As a foreigner, I know very little about the system, and what is a persuading appeal. It pains me a lot when I see two appeal letters which were written by myself dismissed. RT Cooper filled in that gap, helped me get the key issues. The whole writing procedure of the appeal letter was communicated via E mails and Skype because I am not in the UK, but it did not cause any inconvenience or communication difficulties. I felt as if I was just in London and talking to her face to face. XLL
Education Testimonial -FB
Testimonial from parent of final year medical student
EU Invalidity Action
Community Invalidity Action
Advertising and promotions
ASA upheld complaint
Sexual Harassment
Award of millions
Settlement Agreements
Advice on settlement agreements
Article: Infant Food
Infant food
Illegal Medicines
Illegal trade in medicines
New Testimonial by SH
RT Coopers Solicitors have brilliantly and tirelessly represented me in a medical/disability discrimination complaint that was filed with the University and OIA. After a year of getting nowhere on my own against an uncompassionate School and Faculty, I was fortunate to find this legal team to represent me. Their compassion and understanding of my situation was overwhelming. For the first time, I felt like someone listened and understood. Their knowledge of University rules and regulations has allowed them to move a complaint forward that appeared to have been dismissed by the highest levels of the University. Rosanna was always willing to speak to me when a decision was made that she feared I would find distressing and explain the true ramifications of the situation. This would put my mind at rest and focus me on the next step in the process.
Data processing for personal use
In the recent case of Rynes v Urad pro ochranu osobnich udaju [2014] all ER (D) 174 (Dec), the Court of Justice of the European Union ruled that the operation of a camera system, installed by an individual on his family home for the purposes of protecting the property, health and life of the home owners, but which also monitored a public space, did not amount to the processing of data in the course of a purely personal or household activity. See the full legal update for further information.
Infringement of design rights
In the case of DKH Retail Ltd v H. Young (Operations) Ltd [2014], the court held that H. Young (Operations) Ltd \'s gilet infringed the design rights of DKH Retail Ltd as the design of the gilet was not commonplace, lacked originality and individual characters. See the full legal update for further details.
Distance Selling Article
Warning to websites - DPA breach
The Information Commissioner’s Office recently issued a fine of £7,500 on company, Worldview Limited, after its website was subjected to an online attack which allowed the attackers to access customers’ payment card details. See the full legal update for full details.
Testimonial UK Pension Review
UK Pension Reviews ‘RT Coopers are an extremely professional and motivated team of solicitors. Their knowledge and understanding of current legislations were impeccable and helped swiftly resolve matters for myself and my company. They are extremely client focused with a personal touch and on hand to help with any questions or queries that arose. I would highly recommend RT Coopers as the high standards of customer care, excellence and satisfaction I received were second to none. I would give them 5 out of 5 for all areas of service.’ Gavin Bonallie, Chairman
Disposing of Personal Data
Following a breach of the Data Protection Act by Thamesview Estate Agents in London, sanctions have been imposed by the Information Commissioner’s Office. See the full legal update for more details.
Country of Origin Labelling
The EU is moving towards implementing a mandatory system whereby all non-food consumer products must be labelled with their countries of origin. See the full legal update for more details.
Website claims - ASA Decision
The Advertising Standards Authority recently considered that claims made by Holland & Barrett that its members of staff are “qualified to advise” customers on a variety of matters around nutrition and supplements were not exaggerated and unlikely to mislead the public.
Video games & the cultural test
On 19 August 2014, the Cultural Test (Video Games) Regulations (“Regulations”) came into force. See our legal update for more details.
Recent Testimonial
\\\'I cannot praise Rosanna and Tariq highly enough. They worked so hard on the appeal of my practical exam - indeed, I could not believe the hours that Rosanna worked as we were on a very tight time-schedule so Rosanna seemed to work right through the night. I was amazed with both her humanity in being able quickly to see the injustice of the situation I was in, coupled with her professionalism in being able to draw all the strands together in compiling an appeals document which sounded just like it came from my pen. Rosanna is kind, caring and has unbelievable empathy at a time when a student and the student\\\'s family are highly stressed and emotional. She throws a lifebelt to those who are drowning in a sea of injustice. She is incredibly hard working, dedicated and focused. Thank you sincerely, Rosanna! You provide a wonderful service and you are so dedicated to your clients.\\\' R.C.
Protein claims breach Code - ASA
The Advertising Standards Authority recently upheld its investigations into health claims made in an advert by Glaxo SmithKline trading as MaxiNutrition.
Unlawfully obtaining personal data
The Information Commissioner’s Office recently prosecuted a former manager at the car rental company, Enterprise Rent-A-Car, for unlawfully stealing records of customers and selling them to a claims management company.
Distance Selling Regulations 2013
On 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (“The Regulations”) came into force and superseded the following: •the Consumer Protection (Distance Selling) Regulations 2000; and •the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 The Regulations will affect many retailers and we have provided a summary of some of the key changes that apply to distance contracts below: •The statutory minimum “cooling off” period has been increased from 7 working days to 14 calendar days. •Certain information must be provided to the consumer before the consumer is bound, including: the main characteristics of the goods; the identity of the retailer; the total price of the goods or services (inclusive of VAT); all additional delivery charges. •In relation to distance contracts concluded by electronic means, the retailer must make the consumer aware that an obligation to pay is implied by placing the order. •If the consumer cancels or withdraws from a contract, the retailer must refund all payments (except non-standard delivery costs) within 14 calendar days. •The retailer must give the consumer confirmation of the contract on a durable medium. •Default options that incur addition charges are no longer permitted, e.g. pre-ticked/pre-selected boxes indicating a delivery option which would incur a charge.
Trainee Doctors, Specialty Doctors
A winning team of outstanding lawyers with remarkable legal knowledge and expertise in representing and advising physicians throughout your training and employment
Foods For Special Purposes
Our food lawyers have a phenomenal grasp of the market pertaining to Medical Foods: Foods For Special Medical Purposes with remarkable legal expertise in this area combined with professionalism and dedication to clients’ needs
Software Copyright Infringement
In the case of Lloyds TSB Insurance Services Ltd and another v Shanley, Lloyds TSB Insurance brought proceedings against Shanley for copyright infringement. Shanley won his case despite the appeal by Halifax and Lloyds TSB Insurance to the Court of Appeal.
RT Coopers Newsletter
In case you missed it, here is our Newsletter. Use the link below to sign up now and start receiving your FREE legal newsletters:
EU Trademark opposition case
In the recent case of Golam v Office of Harmonisation in the Internal Market (Trade Marks and Designs) [2014] All ER (D) 34 (Apr), the General Court of the European Union (First Chamber) dismissed an action that was brought against the decision of the Fourth Board of Appeal of OHIM relating to opposition proceedings.
Redundancy legal advice
Have you been told you are at risk, had a consultation or been given a settlement agreement? Read more about this from RT Coopers, see: Follow us: @RTCLawyers on Twitter
Have you been made redundant?
Call our employment law solicitors for expert independent redundancy law advice on the terms of your settlement agreement. Read more about this from RT Coopers, see: Follow us: @RTCLawyers on Twitter
Data Subject Access Request
If you are a data controller and you have received a Data Subject Access Request to disclose an email with information sent to your organisation about the data subject by a third party, you should take legal advice, writes Dr Rosanna Cooper
New Directive - Tobacco Products
Members of the European Parliament have voted to approve the revised Directive on Tobacco Products (replacing Directive 2001/37/EC).
EFSA rejects caffeine health claim
The European Food Safety Authority recently refused the health claim relating to caffeine and increased alertness submitted by SmithKline Beecham Limited on the basis that it could not be substantiated.
Penalty - Data Protection Breach
The Information Commissioner’s Office recently imposed a monetary penalty of £185,000 on a Government department, after a filing cabinet containing personal information of victims of a terrorist incident was sold at auction.
How to successfully trade online
Internet Law Brochure
Intellectual Property Briefing
IP law expertise by our team of IP lawyers
Food Law Information
Get specialist advice on Food and Drink Law from expert lawyers who know this industry sector.
Higher education law advice
Discover how to get the best independent legal advice in relation to an education law matter easily and effectively.
Settlement agreement advice
Leaflet on how to get the best independent legal advice easily and effortlessly
Health claims approved by EFSA
The European Food Safety Authority recently approved a number of new health claims relating to infants and young children, including claims in relation to Iodine, Vitamin C and Iron.
Employment Law Changes Jan 14
The Department for Business, Innovation and Skills has confirmed that as of 31 January 201, the proposed changes to the Transfer of Undertakings (protection of Employment) Regulations (TUPE) will come into force.
Office hours for Christmas 2013
Our offices will be closed from 24 December and will reopen on 2 January 2014 for business as usual.
Pay day loans co. fined £175k
Yesterday the Information Commissioner’s Office (“ICO”) imposed a monetary penalty of £175,000 on the pay day loans company, First Financial, for breaching the Privacy and Electronic Communications Regulation (“PECR”) by sending out millions of unlawful spam texts.
Authorised smoke flavourings
Commission Regulation EC No 1321/2013 will come into effect on 1 January and establishes a list of authorised smoke flavouring primary products. Food manufacturers have until 1 January 2015 to comply with the new regulations.
Fines for J&J and Novartis
The European Commission recently imposed a fine of €16 million on Johnson & Johnson (“JJ”) and Novartis for delaying the market entry of a generic painkiller, fentanyl.
Copyright & Performers Rights
The EU Directive 2011/77/EU recently came into effect in the UK via the Copyright and Duration of Rights in Performances Regulations 2013. As a result of this, the term of protection for sound recordings and performers’ rights in most cases has been extended from 50 to 70 years.
Gucci Loses UK Trade Mark
In a recent decision by the UK intellectual Property Office (“UKIPO”), the luxury fashion brand Gucci had its famous GG (interlocking double G logo) trade mark (the “GG trademark”) revoked on the grounds of non-use.
ASAs new legal backstop
An agreement was recently reached between the Advertising Standards Agency (“ASA”) and Trading Standards that Trading Standards will act as the ASA’s “legal backstop”.
Facebook wins first URS claim
Facebook has won the first case to be resolved under the Uniform Rapid Suspension System, which was designed for new generic top-level domains to combat clear cases of cybersquatting quicker than pre-existing systems.
Council fined for DPA breach
The Information Commissioner’s Office (“ICO”) recently imposed a monetary penalty of £80,000 on North East Lincolnshire Council for a serious breach of the Data Protection Act 1998 (“DPA”).
HSE Consultation - REACH
The consultation to amend the Registration, Evaluation, Authorisation and Restriction of Chemicals (“REACH”) Enforcement Regulations 2008 in relation to dichloromethane (“DCM”)-based paint strippers is now under way.
Article: REACH made simple
The European Regulation (EC) No 1907/2006 is better known as “REACH” and applies to all chemical substances. REACH means the Registration, Evaluation, Authorisation and Restriction of Chemicals and is concerned with the risks posed by chemicals to ensure a high level of protection of human health and the environment, their safe use and alternative methods for assessing the hazards of substances.
Penalty imposed on MoJ
The Information Commissioner’s Office (“ICO”) recently imposed a monetary penalty of £140,000 on the Ministry of Justice for a serious breach of the Data Protection Act 1998 (“DPA”).
Making reasonable adjustments
It was recently confirmed in the case of Croft Vets & Others v Butcher (UKEAT/0430/12LA), that an employer’s duty to make reasonable adjustments for an employee with a disability could include, paying for medical treatment, where the treatment is a specific form of support recommended by a consultant to enable the employee to return to work and cope with difficulties being experienced at work. Of course, this would not apply to private medical treatment in general.
Passing off case: Bocabar
In the recent case of Bocacina Ltd v Boca Cafes Ltd, Dercio de Souza junior, Malgorzata de Souza [2013] EWHC 3090 (Ch), the Intellectual Property Enterprise Court held that the defendants were liable for passing off because they had been operating a restaurant and bar in Bristol under the name, “Boca Bistro Café”.
ICO warns about storage devices
The Information Commissioner’s Office (“ICO”) recently stated that is important for organisations’ data protection policies to “reflect how the modern workforce is using personal devices for work”.
News: Head of IP and Media
We are pleased to announce that Matthew Schrader is now the head of our intellectual property and media & entertainment department. We would like to welcome Matthew who is no stranger to RT Coopers as he was a trainee solicitor with the firm. There is excitement on both sides as Matthew is such a joy to work with, clients love him and he is a brilliant lawyer.
Article: Food Labelling Law
From 13 December 2014, any food intended to be supplied to consumers or mass caterers in the European Union (“EU”) must be accompanied by food information in accordance with the new EU Regulation 1169/2011 (“Food labelling Regulation”). The Food labelling Regulation covers food labelling, nutritional labelling and the food information that has to be provided to consumers by food business operators.
Article: Sustainable Biofuels
The use of biofuels is constantly expanding in the European Union (“EU”). Directive 2009/28/EC (“Renewable Energy Directive”) regulates the use of biofuels in the EU by ensuring that sustainable biofuels only are used, which would generate net energy savings on greenhouse gas emissions (“GHG”) thus avoiding a negative impact on biodiversity and land use.
Rise in national minimum wage
From 1 October 2013, the national minimum wage rose to £6.31 per hour.
ICO Fined Small Business £5,000
The Information Commissioner’s Office (“ICO”) recently issued a fine of £5,000 to a sole trader for failing to have adequate measures in place to keep customers’ details secure.
Teenager dies from diet pill
An online purchase of diet pill led to the death of a teenager. It has been reported that the teenager died after taking 2,4-dinitrophenol (“DNP”), which is a chemical normally used in pesticides.
ICO to probe Private Investigators
The Information Commissioner’s Office (“ICO”) has been placed under an obligation to investigate a number of private investigators.
Article: Legal compliance of Toys
Manufacturers, importers and distributors of toys in the UK must ensure that their products comply with the laws of the European Union (“EU”) and the United Kingdom (“UK”) before making toys available on the EU market.
Restrictions on insecticide
From 31 December 2013, the proposed restrictions around the use of an insecticide called Fipronil, by the European Commission, are due to apply.
FA: Copyright infringement
In the recent case of Football Association Premier League Ltd v British Sky Broadcasting Ltd and others [2013] EWHC 2058, it was decided that the Football Association Premier League Ltd (“FA”) was entitled to an injunction against the six main UK internet service providers (“ISPs”). The injunction requires the ISPs to take measures to block or impede access by their customers to the website, FirstRow, which breaches the FA’s copyright works by streaming broadcasts of the Premier League matches.
EU case: Marketing Authorisation
In a recent decision, the General Court of the European Union overruled the European Commission’s decision not to grant Orphacol a marketing authorisation under Article 10a of Directive 2001/83/EC, after the European Commission went against the European Medicines Agency’s recommendation that a marketing authorisation be granted.
Food labelling: Use by date
In the recent case of Torfaen County Borough Council v Douglas Willis Limited [2013] UKSC 59, the Supreme Court held that it was sufficient for the purposes of section 44(1)(d) of the Food Labelling Regulations 1996, for the prosecution to show that a defendant has food in its possession, which has “use by” dates which have already passed.
ICO fine London council
The Information Commissioner’s Office (“ICO”) issued a monetary penalty of £70,000 to Islington Council for accidentally releasing 2,375 residents’ personal details online in response to a freedom of information request. v Lush trade mark
In the case of Cosmetic Warriors Ltd v Ltd [2013], the court refused permission for survey evidence to be conducted and adduced in a trade mark infringement and passing off claim stating that it was unlikely to be of real value to a trial judge, if the judge were to step into the position of an average consumer. The claimant, Cosmetic Warriors Ltd, a handmade cosmetics manufacturer and retailer brought a trade mark infringement against the respondents,
Sound Recordings: Copyright
The amendments to the Copyright, Designs and Patents Act 1988 c. 48 in respect of musical and literary works, will take effect from 1 November 2013 in relation to: Authorship and ownership of copyright; and Performers property rights
Rihanna: No Image Rights
In the recent case of Rihanna Fenty (“Rihanna”) and others v Arcadia Group Brands Limited (t/a Topshop) and Top Shop/Top Man Limited (“Topshop”), judge Mr Justice Birss found that the sale by Topshop of t-shirts bearing the image of Rihanna without her approval was an act of passing off. This case reaffirmed the fact that there is no such thing as “image rights” under the laws of England and Wales. The judge made it clear at the outset that, although this case did not concern “image rights”, such rights do not exist in England.
Article: Biocidal Products
The Biocidal Product Regulation EU 528/2012 (“BPR”) comes into effect on 1 September 2013 . It replaces the Biocidal Directive 98/8/EC. The BPR will be binding in its entirety and directly applicable in all Member States of the European Union. The BPR concerns companies making biocidal products available on the EU market and the placing on the market of treated articles. It also deals with the use of the active substances contained in biocidal products to protect humans, animals, materials or articles against harmful organisms, such as pests or bacteria, writes Dr Rosanna Cooper.
Employment Tribunal Fees
As from today, workers will face tribunal fees of up to £1,200 for bringing employment tribunal claims against employers in the employment tribunal.
Copyright Exceptions
New copyright exceptions proposed to bring copyright law up-to-date.
Article: Food Supplements
In order to supply food supplements in the United Kingdom (“UK”), a manufacturer or distributor of food supplements must be compliant under the law, writes Dr Rosanna Cooper. In this article we explore the regulation of food supplements in the UK.
New police unit to tackle IP crime
At the end of June 2013, the UK Government announced the introduction of a new police unit aimed at targeting intellectual property crime.
Penalty for Unwanted Marketing
The Information Commissioner’s Office (“ICO”) served Manchester company, Tameside Energy Services Ltd (“Tameside”), with a monetary penalty of £45,000 for unwanted marketing calls to the public.
Article: Herbal Medicines
In the UK, companies can only sell herbal medicines with the appropriate product licence, as follows: A full marketing authorisation based on the safety, quality and efficacy of the herbal product; or A traditional herbal registration based on the safety, quality and evidence of traditional use of the herbal product. In this article, Dr Rosanna Cooper explores traditional herbal medicines and traditional herbal registrations.
FOI and disclosing information
The Information Commissioner’s Office (“ICO”) has investigated the issue surrounding the disclosure of personal data by public authorities.
Passing off case: Greek yoghurt
In the recent passing-off case of Fage UK Ltd v Chobani UK Ltd [2013] EWHC 630, the High Court ruled that Fage UK Ltd (“Fage”) only had to show that a section of the public perceived that the relevant trading name “Greek yoghurt” denoted a distinctive class of product, rather than the public as a whole.
Confidentiality & Trade Secrets
In the recent case of Vestergaard Frandsen A/S and others v Bestnet Europe Limited and others [2013] UKSC 31, the UK Supreme Court upheld the Court of Appeal’s earlier decision that a former employee of one the claimant was not liable for misuse of the claimant’s confidential information because she had not had actual or objective knowledge of the confidential information in question, either during her employment or afterwards
E- Cigs regulated as medicines
The UK Government recently decided that all nicotine-containing products (“NCPs”), which include electronic cigarettes, are to be regulated as medicines by the Medicines and Healthcare products Regulatory Agency (“MHRA”).
NHS Trust fined by ICO
The Information Commissioner’s Office (“ICO”) issued a monetary penalty of £55,000 to North Staffordshire Combined Healthcare NHS Trust for a “serious breach of the Data Protection Act which resulted in sensitive medical details of three patients being sent to a member of public”.
CA decision in Passing Off case
In the recent case of Lumos Skincare Limited v Sweet Squared Limited [2013] EWCA Civ 590, the Court of Appeal held that the evidence in this case justified an inference that a significant number of Lumos Skincare Limited (“L”) L’s customers would be likely to have been misled by Sweet Squared Limited (“SSL”) SSL’s use of the LUMOS mark owned by L. In particular, that L’s customers would have been misled into thinking that SSL’s nail care products were associated with L.
ICO issues penalty to NHS Trust
The Information Commissioner’s Office (“ICO”) recently imposed a monetary penalty of £100,000 on the NHS Commissioning Board on behalf of recently dissolved, NHS Trust in Stockport.
What is a reasonable royalty?
The Patents County Court recently handed down its preliminary ruling in the case of Jason Sheldon v Daybrook House Promotions Ltd [2013], on what constitutes a reasonable royalty for copyright infringement.
Summit: Documentary Clearance
On 18 May 2013, Tariq Sayfoo of RT Coopers presented at The London Documentary Summit 2013. The title of the session was - Stay on the right side of the law: issues you will face as a doc filmmaker, and how to overcome them. A copy of the presentation slides can be found on our website.
Article: Passing Off
If your company has been accused of passing off, Dr Rosanna Cooper gives you some guidance in this article on how to defend your business against such allegations. Let’s assume that Company A is called PARIAL HOST and has recently set up a website in competition with Company B that owns the mark HOST MAGAZINE. Both companies are providing online publications to the same market sector.
Article: Generics Medicines
Click here for an article by Dr Rosanna Cooper, which explores the legal issues surrounding generic medicines and data exclusivity.
Article: Own Name Defence
Click here for an article by Dr Rosanna Cooper, which explores the use of an own name defence in respect of an opposition against a Community Trade Mark application as well as a defence against alleged trade mark infringement.
OFT object to delay of generics
On 19 April 2013, the UK Office of Fair Trading (“OFT”) issued a Statement of Objections to a number of pharmaceutical companies alleging that they acted to delay effective competition in the UK supply of paroxetine, a prominent antidepressant medicine.
OFT Investigate Games
The UK Office of Fair Trading (“OFT”) recently launched an investigation into online and app-based games aimed at children. The OFT will consider whether those games are in line with the Consumer Protection (from Unfair Trading) Regulations 2008 to ensure that any commercial practices are not misleading or aggressive.
ICO Monitoring FOI Responses
The Information Commissioner’s Office (“ICO”) has reacted to concerns over the length of time public authorities are responding to freedom of information requests.
TM Opposition Procedure
The Intellectual Property Office (“IPO”) has launched a public consultation on its plans for a simplified trade mark opposition procedure to run alongside the existing system. Stakeholders such as, registered trade mark owners and legal professionals are encouraged to give their opinions on the proposed procedural changes before 17 May 2013.
Trade Mark - Infringement
In the recent case of A&E Television Networks LLC v Discovery Communications Europe Ltd [2013], the High Court dismissed claims for trade mark infringement and passing off regarding the use of the name “Discovery History” in respect of a television channel.
Reasonable Adjustments
In the case of Foster v Cardiff University UKEAT/0422/12/LA [2013], the appeal to the Employment Appeals Tribunal “(EAT”) by the claimant was dismissed.
Media Law - Performers Rights
In the recent case of Henderson v. All Around the World Recordings Limited [2013], it was held that a recording company had infringed a performer’s rights by copying the recording of her vocal performance and issuing to the public copies of the recording without her express or implied consent.
Trade Mark - Own name defence
In the recent case of Stichting BDO v. BDO Unibank Inc, the High Court held that a Community trade mark for the letters “BDO” owned by Stichting was not infringed. This was down to the fact that, BDO Unibank Inc. was able to rely on its own name defence. In particular, despite use of the mark in certain advertisements by BDO Unibank Inc , there was no evidence of: (i) actual confusion on the part of the public; or (ii) that the mark’s reputation was adversely affected by such use.
File-sharing - Injunctions and ISPs
A number of well-known record companies were recently successful in obtaining injunctions, which required six internet service providers (“ISPs”) to block customers’ access to three peer-to-peer file-sharing websites, namely KAT, H33T and Fenopy.
Article: New Cosmetic Regulation
IP Lawyers – Trade Marks
In the recent unreported case between Lidl Stiftung & Co. KG v. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) (Case T-237/11), OHIM’s decision to dismiss an appeal against the opposition to a trade mark application in respect of the word mark BELLRAM was upheld.
Ban on animal-tested cosmetics
As of 11 March 2013, cosmetics tested on animals can no longer be marketed in the EU.
Article: Online Advertising (OBA)
This article deals with the new rules governing the practice of online behavioural advertising (‘OBA’) by companies targeting consumers.
Changes to TM and Design Laws
The Trade Marks and Registered Designs (Amendment) Rules 2013 make changes to both the Trade Marks Rules 2008 and the Registered Designs Rules 2006. The changes, which are set to take effect from 31 March 2013, are outlined below.
New Laws on Late Payments
On 16 March 2013, the EU Directive 2011/7/EU on late payment in commercial transactions (the “Directive”) will come into force.
Online Behavioural Advertising
The Advertising Standards Authority and Committee of Advertising Practice recently introduced new rules around Online Behavioural Advertising (\"OBA\") by third parties.
Education - Breach of Contract
In the recent case of Chilab v King\\\'s College London [2013], the court of appeal decided that if a university failed a part time MSc student who had achieved less than the required pass mark in two elements of the student’s assessments, the university was not in breach of its regulations. In accordance with the regulations, the student was required to pass each element of the assessment to be awarded an MSc.
ICO - Draft EU Data Protection
The UK Information Commissioner’s Office (“ICO”) has published a useful paper analysing the articles of the proposed draft EU Data Protection Regulation. The paper can be found here. For further details on the draft EU Data Protection Regulation or guidance on how to comply with your current data protection obligations contact a data protection lawyer at RT Coopers.
Article: EU Data Protection
Article on the Proposed EU RegulationData Protection: The proposed Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
Energy Law - Smart Metering
On 21 February 2013, the Government launched its Smart Metering Implementation Programme which it intends to roll to the domestic and smaller non-domestic sectors. The Government hopes that by implementing the Programme for the roll-out of smart meters, this would play a key role in the UK’s transition to a low-carbon economy.
Cookie compliance so far
We are approaching the one year anniversary from the end of the UK grace period for cookie compliance. The Information Commissioner’s Office’s (“ICO”) Activity Report, which was published in December 2012, gives us an idea about what organisations are doing in practice.
CTMs and notion of Genuine Use
The Court of Justice of the European Union (“CJEU”) recently gave its judgment in the case of Leno Merken BV v. Hagelkruis Beheer BV [2013] ETMR 16, after it was referred from the Court of Appeal of the Hague. In particular, the Court of Appeal had sought guidance on the question of whether use of a Community Trade Mark (“CTM”) in a single member state constitutes “genuine use” in the Community.
Selfridges sale of raw milk
The Food Standards Agency (“FSA”) recently confirmed its intention to sue Selfridges Retail Limited (the “Company”) for breaches of food hygiene regulations. In 2011, the Company installed vending machines dispensing raw cows’ milk at its flagship store in London. After carrying out a thorough investigation, the FSA decided to prosecute the Company as well as the farmer who supplied the milk.
ICO fine Sony - data protection
The Information Commissioner’s Office (“ICO”) recently imposed a fine of £250,000 on Sony Computer Entertainment Europe Limited. In April 2011, the Sony Playstation Network Platform was hacked and millions of customers’ details were leaked. The details included, names, email addresses, dates of birth, passwords and payment card details.
Unfair Terms & Gym Contracts
In July 2011, we posted an update around the case of Office of Fair Trading v. Ashbourne Management Services Ltd and others [2011] EWHC 1237, where it was held that certain gym membership contracts contain unfair terms within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999.
Copying music for personal use
Last month Business Secretary, Vince Cable, unveiled proposals for reform of copyright law. In particular, he proposed that people be allowed to copy material they have purchased to various devices, e.g. tablets, computers and phones for their own personal use.
Opening Times for Christmas
We will be closed from mid day on 24 December 2012 and will re-open on 2 January 2013
News: We have moved
Our address is Frazer House, 38 Leman Street, London E1 8EW. Our email address is still and direct telephone number is 0207 488 9947
NMC Appeal Lost
Deadline for lodging appeal missed
Cadbury extends trade mark
A recent decision in favour of Cadbury broadened its trade mark rights with regards to protecting its use of the colour purple for its chocolate.
Demoted for Facebook posts
In the recent case of Smith v. Trafford Housing Trust [2012] EWHC 3221, the Court held that a housing trust had acted in breach of contract by demoting a manager because he made comments on his Facebook page opposing gay marriages in church.
Agency Contract Terminated
In the recent case of Crocs Europe BV v. Anderson (t/a Spectrum Agencies (A Partnership)) [2012] EWCA Civ 1400, it was held that the regulation 3 of the Commercial Agents (Council Directive) Regulations 1993 did not create a condition that in the event of a breach of an agency contract, the contract would be automatically terminated.
ICO Penalty - Data Encryption
The Information Commissioner’s Office (“ICO”) recently sent out another reminder to organisations of the importance of data encryption.
Guidance: Deleting Personal Data
The Information Commissioner’s Office (“ICO”) recently published guidance on deleting personal data under the Data Protection Act 1998 (“DPA”) ensuring compliance with the fifth data protection principle.
Misrepresentation in passing off
In the recent case of Lumos Skincare Ltd v. Sweet Squared Ltd and others [2012] EWPCC 22, it was held that the claimant in this case (“L”) failed to show that the defendants’ actions would cause the relevant consumers to be deceived, as is a required element in a claim for passing off.
Change in cookie law
The law on cookies and e-commerce has changed.
Changes to Civil Procedure Rules


Search Shadow


newsletter Shadow


Testimonial Bottom Shadow

testimonial Shadow Middle

More Testimonials

Testimonial Bottom Shadow