23rd November 2015

Loyalty Rebates: Killing Competition with ‘Kindness’?

Article 102 of the Treaty on the Functioning of the European Union states “abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited….in so far as it may affect trade between Member States.”

11th November 2015

Case Update on Penalty Clauses

The Supreme Court has re-set and clarified the rule against penalties for the first time since the 1915 Dunlop Pneumatic decision of the HoL. The decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] UKSC 67 involves two separate and rather different contractual terms that offered a specific remedy to one party upon the breach of a particular obligation by the other party.

10th November 2015

Infringement, protect and survive

Unfortunately, the issues connected with running a small business are invariably so pressing and immediate that attention to its Intellectual Property (IP) rights is probably the last things on the agenda. IP rights cover such a huge amount of modern business that they should not be simply ignored, much the opposite; such rights should be well understood, protected and managed with care.

4th November 2015

Data protection and direct marketing: business development briefing

Businesses that use and rely on third party marketing lists should take note of a First-tier Tribunal (Information Rights) decision relating to breach of the Privacy and Electronic Communications Regulations 2003. The tribunal upheld the Information Commissioner's Office (ICO) enforcement notice requiring a company to stop sending unsolicited marketing texts to individuals whose details were obtained under data supplier agreements. The company used personal data provided by several suppliers to send text messages to individuals, without their prior consent, marketing its laser eye surgery. The ICO received 7506 complaints from individuals about this.

15th October 2015

Right to be forgotten—a global approach?

IP & IT analysis: Could Google's willingness to engage with the right to be forgotten be eroded by continuous challenges from national regulators? Will Richmond-Coggan, a partner and solicitor-advocate at Pitmans LLP, considers the decision in Google v CNIL, in which the French data regulator rejected Google's appeal. This article was first published on Lexis®PSL In-House Advisor on 1 October 2015.