Latest by Ben Harris

Blog

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 November 2020. By Ciara Cullen, Partner and Ben Harris, Associate

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The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

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Blog

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 November 2020. By Ciara Cullen, Partner and Ben Harris, Associate

Untinted 4

The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

Read more
Blog

The commission omission? English High Court balances text and context in contractual interpretation

Published on 28 May 2020. By Geraldine Elliott, Partner and Ben Harris, Associate

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English law's flexible, rational, yet stable approach to contractual interpretation has been demonstrated again in Clark Street Associates v Norsk Titanium(1), a decision concerning commission payments.

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Blog

Risky business: the perils of taking over someone else's contract

Published on 07 November 2019. By Davina Given, Partner and Ben Harris, Associate

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The High Court has held that the tort of inducing breach of contract requires more than merely "facilitating" a breach. Flexidig Ltd v A Coupland (Surfacing) Ltd(1) also reminds third parties of the perils of becoming embroiled in others' disputes.

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Blog

Speech is golden

Published on 05 November 2018. By Ben Harris, Associate

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With voice shopping projected to rise to £3.5 billion in UK sales by 2022, we consider how smart speakers are making waves and breaking barriers in the retail sector.

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Blog

Reality Retail

Published on 16 February 2018. By Ben Harris, Associate

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Continuing its trend of introducing disruptive innovations to the retail market, Amazon recently opened its first checkout-free supermarket, 'Amazon Go', to the public. In light of this, we thought we would take a look at some of the other retailers using innovative technology to revitalise their bricks and mortar offering.

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