Posted by Stephen Welfare, Partner
Basically a clause included in a sale of goods contract that where particular goods are sold on an order-by-order basis (i.e. on credit) legal title does not pass to the buyer until the goods have been paid for. The ordinary rule is otherwise that ownership transfers to the buyer upon delivery of the goods. A prudent seller will have retention of title clauses included in its terms and conditions.
Cosmetics retailer Lush has launched a bizarre marketing campaign that amongst other accuses the police of ‘spying’ and being ‘paid to lie’. The campaign has left shoppers bemused and could have uncomfortable consequences for the popular retailer.
Land and buildings, whether domestic or commercial, continue to increase in value as demand outstrips supply. Sellers will naturally look to save money wherever they can and avoiding an agent’s fee is occasionally seen as one possibility. With the increase in the use of online marketing methods and low cost commissions and self-help, the hard working estate agent has never before been so under threat by competition and financial/economic pressures. Being able to recover his contractual fee in law and in practice must be of paramount importance.
I posted a blog on the likely effects of Brexit on intellectual property back in July 2016. A year and a half on, and with negotiations between the UK Government and the EU moving along at a pace considerably slower than a skeletal sled, has any progress been made and is anything more certain?
In this blog, I review the position and provide an update.
The Estate Agents Act 1979 (“the Act”) has been with us for some 34 years, the major part coming into force in May 1982. The important Regulations referred to at Section 18 of the Act came into force on 29 July 1991 (“the Regulations”) . So there really should be no surprises and no reasons for disputes over when a person acting as an estate agent is entitled to a commission, and how much they should be paid, and yet disputes continue and commissions are lost.
Specialist intellectual property (IP) lawyers from UK Top 100 law firm Royds Withy King in London have advised the National Association of Jewellers (NAJ) on a strategic partnership with Made in Britain, the organisation representing more than 1,000 UK makers across 40 product sectors with one universal manufacturer’s marque.
In the fast-moving world of intellectual property and trade marks, it is vital to defend your brand as actively as you can. And you don’t have to be an international powerhouse like Chanel to do it.
The Data Protection Bill has been making the headlines recently. This month, the Government published the Data Protection Bill statement of intent. The Bill itself is likely to be published after 5 September 2017 when our MPs return from their summer recess.
The retail sector is a fast moving and highly competitive industry, one in which failure to foresee challenges ahead of the competition can make the difference between boom and bust. This is particularly poignant in the jewellery industry, where discerning customers expect the highest quality products to go hand in hand with customer service and experience.
Modern day businesses rely heavily on functioning networks and servers. So it’s no wonder that cyber crime is fast becoming one of the managers’ biggest headaches. From reputational damage and data protection, to crippling downtime, this invisible threat can have far-reaching and long-lasting consequences.