Articles

Trade marks and the drinks industry

Nicole Bollard reviews a selection of recent trade mark decisions concerning the drinks industry, including:
- Sazerac Brands LLC and others v Liverpool Gin Distillery Limited and others [2020] EWHC 2424
- Les Grands Chais de France SAS v Consorzio di Tutela Della Denominazione di Origine Controllata Prosecco
- Gleann Mor Spirits Company Limited v Muckle Brig Limited (O/366/20).

The protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation - Victoria Jones considers the following cases:

On trade marks
- Freixenet SA v OHIM C-344/10 and C-345/10 [2011] ECR I-10205 on Inherent Distinctiveness
- Windsurfing Chiemsee Produktions v Boots C-108/97 and C-109/97 on Acquired distinctiveness
- The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Anr [2017] EWCA Civ 1729
- Jaguar Land Rover Limited v Ineos Industries Holdings Limited [2020] EWHC 2130 (Ch)
- Gömböc: C-237/19

On copyright
- Cofemel v G-Star Raw CV C-683/17
- Brompton Bicycle Ltd v Chedech/Get2Get C-833/18
- Response Clothing v Edinburgh Woollen Mill Limited [2020] EWHC 148 (IPEC)

Counsel magazine featured an article from 3PB’s specialist crime and regulatory barrister Sunyana Sharma, alongside Anjali Gohil of Guildhall Chambers, about the lack of ethnic diversity on the Western Circuit.

3PB’s specialist international and public law barrister Mariya Peykova has reviewed the decision of Turkey’s attempt to re-open Varosha.

Joseph England reviews the case of Ikejiaku v British Institute of Technology Ltd [2020] UKEAT 0243_19_0705.
Joseph outlines the importance of analysing whistleblowing and other detriments in order to identify whether they are a one off act or a continuing act

Workplace monitoring in a remote working age

Matthew Curtis reviews the legal risks involved with monitoring employees and puts forward practical tips to help ensure compliance of any surveillance system with the expected standards.

Eight Changes to the Employment Tribunal Rules for 2020

Grace Nicholls sums up the likely implications of the eight new Employment Tribunals rules announced by the government to increase flexibility within the Employment Tribunal system.

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger?

Sarah Clarke analyses K v L UKEAT/0014/18/JW.

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal.

Charlotte Hadfield analyses Mr S Jackson v Lidl Great Britain Ltd, Case Number 2302259/2019/V.

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair?

Andrew MacPhail analyses Aramark (UK) Limited v Mr Fernandes UKEATS/0028/19/SS (13th March 2020).

3PB’s specialist family law barrister and Chair of the Western Circuit Women’s Forum (WCWF) Rachael Goodall sets out the WCWF’s proposals to mitigate the threat of significant and disproportionate attrition of women from the Bar due to the Coronavirus pandemic. Published in Counsel magazine October 2020 edition.

The remote witnessing of wills: a last resort
Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and its impact on the remote witnessing of wills.