Latest by David Cran

Court of Appeal holds that notice of tax covenant claim is valid, despite lack of detail

Published on 02 August 2021. By David Cran, Head of IP and Tech

Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638

Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims

Published on 02 August 2021. By David Cran, Head of IP and Tech

MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)

High Court denies applicability of an exclusion clause due to convoluted terms and conditions

Published on 02 August 2021. By David Cran, Head of IP and Tech

Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)

Terms implied into a break right limited the capability to exercise the right

Published on 02 August 2021. By David Cran, Head of IP and Tech

Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)

High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test

Published on 02 August 2021. By David Cran, Head of IP and Tech

Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)

Standard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach

Published on 02 August 2021. By David Cran, Head of IP and Tech

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)

The Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement

Published on 09 June 2021. By David Cran, Head of IP and Tech

CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)

Commercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters

Published on 09 June 2021. By David Cran, Head of IP and Tech

Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)

Penalty clause regarding IP rights harsh but not unenforceable

Published on 09 June 2021. By David Cran, Head of IP and Tech

Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)

"Change in law" provisions: COVID-19 and leisure facilities

Published on 09 June 2021. By David Cran, Head of IP and Tech

Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 April 2021. By Alessandro Cerri, Senior Associate and David Cran, Head of IP and Tech

The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 April 2021. By Alessandro Cerri, Senior Associate and David Cran, Head of IP and Tech

The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

Hold your horses: Raceday data dispute likely to head to Supreme Court

Published on 06 January 2021. By David Cran, Head of IP and Tech and Georgia Davis, Of Counsel

In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.

Snapshots Autumn 2020

Published on 02 November 2020. By Oliver Bray, Senior Partner and David Cran, Head of IP and Tech

A roundup of key legal developments for the modern commercial lawyer.

ICO publishes contact tracing guidance

Published on 02 November 2020. By David Cran, Head of IP and Tech

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 November 2020. By David Cran, Head of IP and Tech

C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion

Contractual interpretation: the dangers of inconsistency between formulae and worked examples

Published on 02 November 2020. By David Cran, Head of IP and Tech

Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)

Good faith: relational contracts and the implied duty of good faith

Published on 02 November 2020. By David Cran, Head of IP and Tech

Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)

Restrictive covenants: restraint of trade and bespoke contracts

Published on 02 November 2020. By David Cran, Head of IP and Tech

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)

Contractual interpretation rectification not possible purely for a tax benefit

Published on 02 November 2020. By David Cran, Head of IP and Tech

MV Promotions Ltd and another v Telegraph Media Group Ltd and another [2020] EWHC 1357 (Ch)

Return of the MAC (clauses): renegotiating or exiting your supply chain contracts

Published on 12 May 2020. By David Cran, Head of IP and Tech and Marlon Cohen, Senior Associate

As more challenges arise from the current pandemic, suppliers and customers in the retail supply chain will be looking at their contracts to see how best to navigate the challenges they face. This may involve reviewing existing supply chain arrangements and seeing if there is a way to renegotiate or exit existing contracts.

COVID-19 - The official guidance on remote hearings; early engagement is key to success

Published on 24 March 2020. By Geraldine Elliott, Global Head of Commercial Disputes and David Cran, Head of IP and Tech

COVID-19. The courts are trying to conduct "business as usual" as much as possible in this challenging climate. The latest official guidance, published on Friday, covers remote hearings in all Civil Courts in England & Wales; it relates to all types of hearings – applications, trials and appeals.

COVID-19: Impact on court hearings and successful virtual mediations

Published on 20 March 2020. By David Cran, Head of IP and Tech and Geraldine Elliott, Global Head of Commercial Disputes

As anticipated, the Courts are now moving to a (mainly) remote working basis.

Benefiting from the Contracts (Rights of Third Parties) Act

Published on 03 July 2019. By David Cran, Head of IP and Tech

Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?

BMW Rides to Victory

Published on 06 March 2019. By David Cran, Head of IP and Tech and Ben Mark, Partner

BMW, the well-known manufacturer of cars, motorcycles and engines, secured summary judgment in respect of its claim for trade mark infringement and passing off arising out of the registration of a UK company under the BMW name.

New trade secrets law to drive breach of confidence claims

Published on 11 June 2018. By David Cran, Head of IP and Tech and Joshua Charalambous, Senior Associate

This article explores what changes might need to be made to the existing protections given to trade secrets and in particular, the impact this might have in the insurance market.

Spare parts and intellectual property: the distinction between "informative use" and "misleading use"

Published on 01 August 2017. By Georgia Davis, Of Counsel and David Cran, Head of IP and Tech

The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 December 2016. By David Cran, Head of IP and Tech

The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).

Confidential information "oiled" progress of new product development

Published on 14 December 2016. By Louise Morgan, Senior Associate and David Cran, Head of IP and Tech

When is information confidential? A recent case gave cause for the English High Court to clarify.

15% increase in counterfeit goods seized in 2015

Published on 11 October 2016. By David Cran, Head of IP and Tech and Ben Mark, Partner

According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.

ISPs' appeal is "blocked" 

Published on 06 July 2016. By Ben Mark, Partner and David Cran, Head of IP and Tech

In a judgment handed down today, the Court of Appeal, led by Lord Justice Kitchin, has overwhelmingly rejected the appeal by the five largest ISPs and upheld the High Court decision to grant Richemont a blocking order requiring those ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.

The secret's out! EU trade secrets directive to come into force 6 July 2016

Published on 16 June 2016. By David Cran, Head of IP and Tech and Louise Morgan, Senior Associate

Move to unified European regime as trade secrets directive adopted by EU Parliament

Published on 25 April 2016. By David Cran, Head of IP and Tech and Louise Morgan, Senior Associate

Earlier this month, on 14 April 2016, the draft European Directive on the protection of trade secrets against their unlawful acquisition, use and disclosure was passed by the European Parliament (EP) at a first reading.

Pirates and popcorn: rise of site-blocking injunctions in EU

Published on 18 March 2016. By David Cran, Head of IP and Tech and Ben Mark, Partner

Whilst obtaining blocking injunctions against internet service providers (ISPs) have become an established practice in the UK, particularly within the film and music industry, the position is less clear cut elsewhere in the EU.

Comic Enterprises feel gleeful after CofA upholds trade mark infringement

Published on 01 March 2016. By David Cran, Head of IP and Tech and Louise Morgan, Senior Associate

This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.

TerraLex Cross-Border Copyright Guide 2016

Published on 19 February 2016. By Jeremy Drew, Head of TMT and David Cran, Head of IP and Tech

We are delighted to present our Cross-Border Copyright Guide 2016.

Asos Supreme- what will a change in the law mean?

Published on 11 August 2015. By David Cran, Head of IP and Tech

Earlier in April, we wrote an article on the Court of Appeal decision in the Assos v Asos trade mark dispute.

UK goodwill still reigns Supreme

Published on 22 June 2015. By David Cran, Head of IP and Tech and Ben Mark, Partner

The question to the Supreme Court was whether a claimant in a passing off action needs to have actual customers in the UK or whether it is sufficient to demonstrate that it has a reputation in the UK and internationally.

As seen at CofA – split decision on 'own name' in Assos v Asos

Published on 27 April 2015. By David Cran, Head of IP and Tech

The Court of Appeal has held that use of the ASOS brand by the well-known online clothing retailer, Asos, created a likelihood of confusion with and damaged the distinctive character of the earlier ASSOS Community Trade Marks owned by Assos, the specialist cycle clothing retailer, but Asos could nonetheless rely on the 'own name' defence to avoid trade mark infringement.

Supreme Court clarifies the limits on contractual discretion

Published on 30 March 2015. By David Cran, Head of IP and Tech

A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.

An Enterprising look at survey evidence

Published on 05 February 2015. By David Cran, Head of IP and Tech and Ciara Cullen, Partner

True to form, Mr. Justice Arnold's recent judgment in Enterprise Holdings Inc v. (1) Europcar Group UK Limited (2) Europcar International SASU [2015] EWHC 17(Ch) runs to an extensive 227 paragraphs.

IP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off

Published on 22 January 2015. By David Cran, Head of IP and Tech and Ben Mark, Partner

The Court of Appeal has today dismissed fashion retailer Topshop's appeal[1], confirming that Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.

A landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights

Published on 08 January 2015. By David Cran, Head of IP and Tech and Ben Mark, Partner

The High Court [1] has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.

Vestergaard – creating another buzz

Published on 04 December 2014. By David Cran, Head of IP and Tech and Louise Morgan, Senior Associate

This long-running case [1] has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.

No loss of confidence – causation in confidential information claims

Published on 07 October 2014. By David Cran, Head of IP and Tech and Louise Morgan, Senior Associate

Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)

No tax please, we're British – Culture test for video games tax relief comes into force

Published on 29 August 2014. By David Cran, Head of IP and Tech

On 19 August 2014, regulations to determine a video game as "British" for the purposes of corporation tax relief for video games development came into force.

Over EUR760 million worth of product seized by EU customs authorities in 2013

Published on 22 August 2014. By David Cran, Head of IP and Tech

According to the "Report on EU customs enforcement of intellectual property rights – Results at the EU border 2013", customs authorities in 2013 opened approximately 87,000 detention cases in respect of 36 million articles, accounting for a domestic retail value of more than €760 million.

OHIM's position on colour marks is not black and white

Published on 09 June 2014. By David Cran, Head of IP and Tech and Ben Mark, Partner

OHIM has recently updated its 'Manual of Trade Marks Practice' so as to apply the Common Practice of the Scope of Protection of Black and White Marks (the 'Common Practice').

Copycat packaging – time for reform?

Published on 02 June 2014. By David Cran, Head of IP and Tech and Ben Mark, Partner

The Trading Standards Institute (TSI) has opposed the basis of a consultation by the Department for Business, Innovation and Skills (BIS) on whether to grant a private right of action to businesses that fall victim to copycat packaging.

Games content rating pricing: TIGA keeps pressure on PEGI

Published on 29 May 2014. By David Cran, Head of IP and Tech

TIGA, the trade association which represents the UK video game industry, has increased the pressure on PEGI, the European game content rating system, to change its pricing policy.