A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.
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Commercial Litigation
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Analysis

TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs

By Alex Baldwin

A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.

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NCA Says Uyghur Cotton Probe Would Soon Unravel

By Ronan Barnard

The National Crime Agency defended on Thursday its decision to refuse to investigate imported cotton produced in a Chinese province with forced labor, telling an appeals court that it would be kneecapped by the difficulty of separating legal goods from criminal property.

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Russian Wealth Fund Fails To Curb EU Sanctions

By Eddie Beaver

The European Union's General Court has upheld sanctions against a Russian sovereign wealth fund, ruling it is the "archetypal" company for attracting international investors who sustain the country's war in Ukraine.

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INTELLECTUAL PROPERTY

Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss

By Lucia Osborne-Crowley

Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.

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EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says

By Jamie Lennox

An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.

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EMPLOYMENT & BENEFITS

Tesco Warehouse Staff Lose 'Hopeless' Claims Against Union

By Hanna Vioque

A trade union successfully struck out negligence and breach of duty claims brought against it by two Tesco warehouse workers over a preceding collective agreement, after a London court ruled that they had "no real prospect of succeeding."

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M&G Accounts Manager Wins £13K Over Resignation Dispute

By Tabitha Burbidge

An accounts manager at M&G PLC has won more than £13,000 ($16,500) after an employment tribunal found that the company wrongly refused to let him see out his 12-week notice period while on garden leave.

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No Docs Due To 6,000 Tesco Workers In Equal Pay Case

By Adele Redmond

Thousands of Tesco workers lost their appeal on Thursday for correspondence between the supermarket and other equal pay claimants.

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LEGAL ETHICS & MALPRACTICE

Post Office's Ex-IT Head Says She Blocked Ex-CEO Requests

By Sophia Dourou

The Post Office's former head of information technology said she blocked phone communication from former chief executive Paula Vennells after Vennells contacted her for help to "avoid an independent inquiry" into the wrongful prosecutions of sub-postmasters, according to a document made public in the probe Thursday.

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EXPERT ANALYSIS

UK Trademark Law May Further Diverge From EU Standards

The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

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Salvaging The Investor-State Arbitration System's Legitimacy

Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

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LAW FIRMS IN TODAY'S NEWS

11 South Square

33 Chancery Lane

A&O Shearman

Bindmans LLP

Bird & Bird

Blackstone Chambers

Bristows LLP

Charles Russell Speechlys

Diaz Reus

Fladgate LLP

Freshfields

Kennedys Law LLP

Kingsley Napley

Leigh Day

Old Square Chambers

Outer Temple Chambers

Ronald Fletcher

Shearman & Sterling

Taylor Wessing

COMPANIES IN TODAY'S NEWS

Aires

Bayer AG

Deloitte Touche Tohmatsu Ltd.

International Centre for Settlement of Investment Disputes

Russian Direct Investment Fund

Sky PLC

Tesco PLC

The Linde Group

United Nations Commission on International Trade Law

GOVERNMENT AGENCIES IN TODAY'S NEWS

European Commission

European Union

European Union Intellectual Property Office

HM Revenue & Customs

International Court of Justice

National Crime Agency

United Nations