Updates

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IPEC small claims costs warning: Pablo Star Media Ltd v Richard Bowen

A recent judgment in the Intellectual Property Enterprise Court (IPEC), in an infringement case concerning a photograph of Dylan Thomas used without permission for 17 days on a holiday cottages website, underlines the need for caution when it comes to costs in small claims. Normally the winning party’s costs are not ordered to be paid …   Read more

Robin Blay joins Swan Turton LLP as a Senior Litigator

Swan Turton LLP is delighted to announce that Robin Blay has joined the firm as a Senior Litigator. Commercial and media law firm Swan Turton is delighted to welcome senior litigator Robin Blay.  With heavyweight commercial litigation expertise, Robin’s practice including property disputes, professional negligence, contentious probate and civil fraud happily complements our existing team. Catherine …   Read more

Sentencing guidelines for copyright infringers: R v Evans

Wayne Evans, a DJ and website operator from Liverpool, has lost an appeal against a 12 month jail sentence for facilitating the illegal distribution of copyright protected musical works. Evans operated several websites which provided links to torrent sites and directed users to make unauthorised downloads. One website in particular gave users access to the …   Read more

Twitter libel update: Jack Monroe v Katie Hopkins

In a judgment handed down on 10 March 2017, Jack Monroe was awarded £24,000 in damages (plus costs) in respect of two tweets published by Katie Hopkins. This is the second high profile Twitter libel case but the first in which tweets have been considered in light of the “serious harm” threshold under the Defamation …   Read more

Pete Bott promoted to Associate Solicitor

We are delighted to announce the promotion of Pete Bott to Associate Solicitor in our Music group. This promotion is in recognition of Pete’s continued hard work, including for his clients Bring Me The Horizon, Let’s Eat Grandma and Skinny Living, as well as his non-fee earning activities such as appearances on panels for PRS and …   Read more

Why AJ Odudu’s Alpro Tweet Was An Ad: ASA Ruling

The TV presenter AJ Odudu entered into a contract with Alpro under which Ms Odudu was paid to help launch Alpro Go On including publishing a specified number of social media posts. The ASA received a complaint about the following tweet by Ms Odudu challenging whether it was obviously identifiable as a marketing communication: “FAVE …   Read more

Privacy Shield: a new trans-Atlantic data transfer framework

On 12 July 2016 the European Commission gave the go ahead to a new framework for transferring personal data to the US. This new Privacy Shield framework replaces the now obsolete Safe Harbor regime, and aims to provide enhanced protection for the privacy rights of EU citizens in light of concerns about intrusive surveillance by …   Read more

CMA takes action to prevent misleading online practices

The Competition and Markets Authority (CMA) has secured undertakings from Social Chain Ltd, a Manchester social agency, and Woolovers Ltd, a knitwear retailer, following investigations into the use of online endorsements and reviews. Social Chain – online endorsements Social Chain claims to be Europe’s largest influencer agency. Between March and July 2015, 19 marketing campaigns …   Read more

Unauthorised use of trade marks by independent dealer: BMW v Technosport London Ltd

BMW successfully brought a claim against an independent car repair garage, Technosport London Ltd, which had been using BMW’s trade marks to advertise its services. The court also found the sole director of Technosport jointly liable for infringement. The court examined the circumstances in which a third party, who had no contractual relationship with the …   Read more

Interim judgment in UB40 band name dispute: Campbell v Campbell

Earlier this year, ex-UB40 frontman Ali Campbell, and two other former members of the band, made an application for summary judgment and/or to strike out a passing off claim made against them by other members of the band. In a judgment that has recently been made available the High Court rejected the application, meaning that …   Read more