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February 2012
Putting lawyers in touch with the youth of Oldham
Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreThe first decision of the Company Names Tribunal
16th December 2008
Introduced by the Companies Act (2006) to deal with disputes concerning opportunistic company name registrations, the Company Names Tribunal has delivered its first decision on the registration in February 2008 of the company name Coke Cola Limited.
Coca-Cola the soft drinks company made an application to the Company Names Tribunal arguing that Coke Cola Limited was misleading and opportunistic and that it was taking advantage of Coca Cola's trademarks. The application was unopposed and a ruling was issued by Company Names Adjudicator Judi Pike.
Coke Cola Limited was ordered to change its name and pay £700 to the Coca-Cola Company. If Coke Cola Limited does not change its name then the adjudicator will choose a new name for the company.
The Companies Act (2006) has expanded a trade mark owner’s powers to prevent the registration of a company name similar to its own although previously laws prohibited the incorporation of a company with an identical name to that of a company already incorporated under the Act. There was a right to object to a name that was too similar but that right was a limited one.
Interesting to note: An "offending name" means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely— to be the subject of a direction under section 67 (power of Secretary of State to direct change of name), or to give rise to a further application under section 69.
The full ruling can be found at: http://www.ipo.gov.uk/o31808.pdf
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January 2012
Company and commercial law reforms to reduce red tape
Companies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreJanuary 2012
Increase in unfair dismissal qualifying period will apply only to new employees
From 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreJanuary 2012
Maximum compensation for unfair dismissal increases from 1 February 2012
Annual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreDecember 2011
Health and safety laws to be cut by half
Government plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreNovember 2011
Weight Watchers case: the importance to employers of employment status.
The Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreSeptember 2011
How to Conduct a Disciplinary Hearing
A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
June 2011
ACAS Advice leaflet “Holidays and Holiday Pay”
Download the guidance covering arrangements for holidays and holiday pay.
October 2010
Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
July 2010
Recent Case Study: Doing Battle in the Boardroom
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
May 2010
How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
March 2010
PH Employment Direct
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
February 2010
Oldham Construction Sector
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
January 2010
Debt Recovery Service
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.