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Accessory liability: when will directors be held liable for IP infringements committed by their companies – and what is counted as "profits"?

Published on 20 Jun 2024. By Emma Dunnill, Senior Associate and Rory Graham, Associate

The Supreme Court in Lifestyle Equities CV & Anor v Ahmed & Anor [2024] UKSC 17, has allowed an appeal by two company directors who were found liable as accessories to trade mark infringement by the company in which they were directors. The decision provides helpful clarification on the required elements for accessory liability in the context of IP right infringement claims and confirms the sums to be included in an account of profits if liability is established (spoiler alert: a director's salary is not considered to be "profit").

Online platforms should Swatch out: Samsung found liable for infringing third-party content available on the Samsung Galaxy App store

Published on 22 Jan 2024. By Sarah Mountain, Partner and Emma Dunnill, Senior Associate and Zoe Harvey, Associate

The Court of Appeal in Montres Breguet SA v Samsung Electronics [2023] EWCA Civ 1478 has dismissed Samsung's appeal and upheld a first instance decision which found it liable for trade mark infringement in relation to third-party watch faces available on the Samsung Galaxy App store. This judgment provides guidance on what constitutes "use" of a sign by an online app store and the applicability of the e-Commerce Directive hosting defence.

Fast-growing IP and tech practice at RPC welcomes Caroline Tuck as Partner

Published on 16 Oct 2023. By Caroline Tuck, Partner

International law firm RPC is pleased to announce the appointment of Caroline Tuck as a Partner in its Intellectual Property and Technology (IP & Tech) team. Caroline Tuck joins RPC from Deloitte, where she was a Director in the Disputes team.

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

The Sky's the limit for trade mark applications. Or is it?

Published on 12 Jul 2023. By Sarah Mountain, Partner and Ellie Chakarto, Senior Associate

Reproduction of infringing content online: who's liable?

Published on 21 Jul 2020. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.

All change! No extension means major changes for IP rights holders from 1 January 2021

Published on 02 Jul 2020. By Ben Mark, Partner and Sarah Mountain, Partner

Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.

Money Covered: The Week That Was – 10 January 2025

Published on 10 Jan 2025. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

FOS complaints on the rise – is enough being done?

Published on 07 Jan 2025. By David Allinson, Partner and Damien O'Malley, Associate

The Financial Ombudsman Service (FOS) has recently published its yearly complaint data, revealing that complaints regarding fraud, scams, current accounts and credit cards between July and September 2024 hit record levels, rising more than 50% compared to the same period in 2023. The data provides a breakdown of the areas where complaints appear to have increased the most.

Money Covered: The Week That Was – 22 November 2024

Published on 22 Nov 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner and Matthew Watson, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was - 1 November

Published on 01 Nov 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

The 'Audit Reform and Corporate Governance Bill': Momentum for legislative reform continues, but what does the proposed legislation mean for management liability?

Published on 09 Oct 2024. By Mike Newham, Partner and Victoria Lawman, Trainee Solicitor and Aimee Talbot, Knowledge Lawyer

We consider what we know about the proposed Audit Reform and Corporate Governance Bill.

Fixed recoverable costs: One year on

Published on 30 Sep 2024. By Chris Gower, Senior Associate and Gavin Reese, Partner, Head of Regulatory

1 October 2024 marks the one year anniversary of the implementation of the final Jackson reform: the biggest shake-up to civil costs in a decade. We consider the impact of the reforms and whether the predictions we made this time last year were right.

Compulsory mediation in small claims: a quick guide for the busy lawyer

Published on 28 Jun 2024. By Kirstie Pike, Partner and James Ainsworth, Senior Associate

A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.

No bouncing back for directors

Published on 20 May 2024. By James Wickes, Partner and Adam Craggs, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.

Money Covered: The Week That Was – 10 May

Published on 10 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was – 3 May

Published on 03 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week That Was – 26 April

Published on 26 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 19 April

Published on 19 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 25 August

Published on 25 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 04 August

Published on 04 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Fix up, look sharp: FRC update

Published on 01 Aug 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group and Aimee Talbot, Knowledge Lawyer

What's the latest on fixed recoverable costs in professional negligence claims?

Money Covered: The Week that Was - 28 July

Published on 28 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Money Covered: The Week that Was - 07 July

Published on 07 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

A matter of interpretation – the Supreme Court look at contractual interpretation once more

Published on 24 Feb 2023. By Poppy Hay, Associate and Laura Stocks, Partner

In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.

Your statement or mine? Witness statements under Practice Direction 57AC

Published on 23 Feb 2023. By Richard Seymour, Associate and Simy Khanna, Partner

The judgment of Mr Justice Fancourt in Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) has highlighted, in no less than 36 paragraphs on the matter, the importance of ensuring compliance and understanding of Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts ("PD 57AC"), when preparing witness statements.

The collapse of FTX: lessons for many

Published on 14 Feb 2023. By James Wickes, Partner and Matthew Wood, Senior Associate and Jessica Pease, Associate

From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.

SLAPPs – a round up of the latest developments for the SRA

Published on 02 Feb 2023. By Graham Reid, Partner and Charlotte Thompson, Associate

The last week or so has seen a burst of activity on SLAPPs, alongside criticism of the SRA. This will be of interest to lawyers and their insurers.

The scope of a solicitor's duty to third parties in the spotlight again

Published on 26 Jan 2023. By Michelle Peacock, Associate and Rhian Howell, Partner & Head of Office, Bristol

The Claimant (Mr Syed Ul Haq), via his Estate, brought claims against the Defendants for damages arising out of two frauds in connection with the same property. It is central to this appeal to understand that Rees Page Solicitors never acted for the Claimant. It is indeed for that reason Rees Page Solicitors applied for summary judgment on the grounds that the Claimant had no reasonable prospects of success. After hearing the application, on 13 December 2019, Deputy Master Lloyd, granted summary judgment on the basis that as Mr Ul Haq was not a client of Rees Page Solicitors, they did not owe him a duty of care.

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 Jul 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

FCA consultation on British Steel redress scheme published

Published on 31 Mar 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 Feb 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

The Future of Insolvency Regulation

Published on 04 Jan 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 Nov 2014. By Simon Laird, Global Head of Insurance

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

Sports Ticker #119: Wimbledon worries, ICC's two-tier cricket and Mike Tyson litigation

Published on 21 Jan 2025. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw the World Snooker Tour launch a new global streaming service and Adidas enter F1 with a Mercedes partnership, we bring you updates on the legal action against Wimbledon's expansion plans, FIFA's interim transfer rules following the Diarra ruling and the possibility of a two-tier cricket Test system.

Sky trademark ruling suggests strategy tips for brands

Published on 16 Jan 2025. By Joshua Charalambous, Partner

In a judgment handed down in SkyKick UK Ltd. v. Sky Ltd. on Nov. 13, the U.K. Supreme Court held that various trademarks for "Sky" owned by Sky were partially invalid due to their having been filed in bad faith, on the basis that Sky lacked a genuine intention to use the marks in all the classes for which they had been registered.

Sports Ticker #118: Thom Browne v Adidas, Formula E on TV and Q&A with Ben Maher – a speed read of commercial updates from the sports world

Published on 13 Dec 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw boxing face an ultimatum for its inclusion in the 2028 Olympic Games in Los Angeles, trials of an alternative system to VAR extended by the International Football Association Board and the NBA announce its return to China in 2025, we bring you updates on Thom Browne vs Adidas, AB InBev's partnership with FIFA for the Club World Cup 2025 and an exciting RPC event with Ben Maher on 17 December.

Sports Ticker #117: Padel Cup, Cadillac enters F1 and AI rugby developments

Published on 28 Nov 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Ellie Chakarto, Senior Associate

In a fortnight which saw Premier League clubs approve changes to the Associated Party Transaction rules and Thom Browne prevail against Adidas in its long running dispute concerning striped trade marks (further analysis in the next Ticker!), we bring you updates on the newly anticipated global rugby competition, MotoGP's broadcast agreement with TNT Sports and an ex-footballer's professional tennis debut.

Sports Ticker #116: Football Governance Bill, Ashes series and Sela shirts

Published on 15 Nov 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw Barcelona strike a record €1.7bn kit deal with Nike (ending the 'will they / won't they' debate on Barcelona producing their own kit), NFL Commissioner Roger Goodell set his sights on Ireland for an international game and Ferrari sign a multi-year F1 partnership with IBM, we bring you updates on the revived Football Governance Bill, the 2024/25 Women's Sport Investment Accelerator scheme and Sela Sound Shirts for football fans with hearing impairments.

Sports Ticker #115: Wimbledon AI, NSL revamp and Diarra ECJ judgment

Published on 25 Oct 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw FIFA name Lenovo as an official technology partner, Wrexham AFC secure Meta Quest as the club's back of shirt sponsor (with the players wearing the headsets as they walked out onto the pitch), and New Zealand win the Women's T20 Cricket World Cup, we bring you updates on Wimbledon replacing line judges with AI, the revamped Netball Super League and the recent Diarra ruling in the European Court of Justice.

Sports Ticker #114: Wimbledon expansion, Club World Cup 2025 and F1's LEGO partnership – a speed read of commercial updates from the sports world

Published on 10 Oct 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw the WRU issue Wales Women’s rugby team with 37 full-time contracts and the announcement of the Green Sport Awards 2024 nominees, we bring you updates on Wimbledon's plans for expansion, Barclays' partnership with the WSL and Women's Championship, and the Global Esports Federation's commitment to the UN Sustainability Development Goals.

Sports Ticker #113 - PL v Man City, Commonwealth Games 2026 and Supreme Court referee ruling - a speed read of commercial updates from the sports world

Published on 26 Sep 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Ellie Chakarto, Senior Associate

In a fortnight which saw the Women's Professional League agree a record £45 million Barclays title sponsorship extension, Friedkin Group reach a deal to buy Everton FC and FIFA extend its partnership with Lay's, we bring you updates on the 'Sports Trial of the Century' between the Premier League and Man City, Glasgow's plans for the 2026 Commonwealth Games and how football referees may qualify as employees.

Sports Ticker #112: Leicester City's PSR appeal, Paralympics success and Women's Rugby World Cup 2025 coverage

Published on 12 Sep 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

Edition 112 12 September 2024 In a fortnight which saw ParalympicsGB claim second place at the Paris Paralympics 2024, the Scottish government strongly encouraged to back the Glasgow 2026 Commonwealth Games, and the French Rugby Federation agree a new supplier partnership with Adidas, we bring you updates on AI-powered translation of sports commentary, Women's Rugby World Cup 2025 on the BBC, and Leicester City's successful appeal of its PSR charge.

Sports Ticker #111: New era for women's football, NFT football trading cards and Twickenham's naming rights deal

Published on 30 Aug 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Ellie Chakarto, Senior Associate

In a fortnight which saw the Paris 2024 Summer Olympics come to a close, Andy Murray's retirement from tennis and British Basketball's Manchester franchise acquired by a US-based investment group, we bring you updates on the "New Era" for women's football, the NFL and Sony's new partnership, and Twickenham's new naming rights deal.

Sports Ticker #110: Special Edition - 2024 Summer of Sport - a speed read of commercial updates from the sports world

Published on 01 Aug 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Ellie Chakarto, Senior Associate

In a fortnight which has seen Euro 2024 final heartbreak for England's men and a spectacular (but wet) opening ceremony at Paris 2024, we bring you a very special edition of the Sports Ticker: the 2024 Summer of Sport! Read on for a Ticker roundup of the biggest events this summer: Euro 2024 and the Paris 2024 Summer Olympics.

Sports Ticker 109: Wimbledon esports, Euro 2024 sustainability and renaming Old Trafford – a speed read of commercial updates from the sports world

Published on 17 Jul 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Ellie Chakarto, Senior Associate

In a fortnight which saw Southgate step down as England manager after the Euro 2024 final defeat to Spain, Alcaraz and Krejcikova win the Wimbledon's singles tournaments, and Tadej Pogačar lead the Tour de France, we bring you updates on a new Wimbledon esports tournament, Old Trafford naming rights and UEFA's sustainability goals.