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22 May 2015
Issue: 7653 / Categories: Case law , Law digest , In Court
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Trade mark

Starbucks (HK) Ltd and another v British Sky Broadcasting Group Plc and others [2015] UKSC 31, [2015] All ER (D) 103 (May)

The appellants, whose subscribing customers were based in Hong Kong, were using the trade mark “NOW TV” in respect of its TV services. The defendants announced the launch of its NOW TV service in the UK. The claimants issued proceedings in the High Court for, among other things, passing of. The High Court and the Court of Appeal dismissed the action in passing off. The Supreme Court held that the appellants had not generated a protectable goodwill in the UK as they needed to establish business with customers within the jurisdiction. 

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

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Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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