Owners of luxury brands will welcome a European ruling that they can lawfully stop distributors from selling their goods on third party online platforms, including websites such as Amazon, as this may affect the status of their brand.
Legal Alert - January 2018
A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Case law: Prior local goodwill in a name can invalidate its registration as a trade mark by another business
Businesses in a registered trade marks dispute should consider whether the ability to prove pre-existing goodwill in the proposed marks created by someone else in a particular locality only, could mean the registration is invalid, and constitute a defence to an infringement claim.
New law: Government announces annual increases in maternity, sickness and other statutory payments in 2018
The Department for Work and Pensions has announced proposed increases to statutory benefit payments.
New guidance: Acas publishes new guidance for employers on 'reasonable adjustments' for disabled workers
Employers will welcome new Acas guidance to help them determine when and what reasonable adjustments need to be made for a disabled worker.
Case law: Failure to observe underlying understanding led to successful unfair prejudice claim by minority shareholder
Parties involved in a private company must comply with any non-contractual arrangements and/or understandings between them, as well as the company's constitution and other formal agreements, or risk a successful claim from an 'unfairly prejudiced' shareholder.
New law: European Commission issues alert on potential effect of Brexit on UK companies and their EU branches
Companies established in the EU should consider a Notice issued by the European Commission that UK companies and their branches in the EU will not necessarily be treated as having legal personality or limited liability by EU member states after Brexit.
Case law: Employer held vicariously liable for publication of confidential data online in breach of data protection law
Employers should ensure employees are aware of any limits and restrictions on their activities, to reduce the risk of them acting wrongly in the course of their employment so that the employer becomes liable for their wrongful acts, a recent ruling makes clear.
Case law: Employees cannot claim dismissal was for whistleblowing if relevant disclosure was solely in their own self-interest
Employers faced with a whistleblowing claim from an employee should investigate the employee's motives for making their disclosure, as disclosures made purely in the employee's self-interest will not amount to whistleblowing.
Case law: Employers should consider reasonable adjustments for disabled employees when changing their work environment
Employers should ensure they identify reasonable adjustments required for disabled employees, and act on them, when changing their working environment - or risk legal claims.
New guidance: Acas publishes guidance where workers allege unwanted harassment at work, including historic allegations
Following media coverage of harassment in the workplace, employers will welcome new Acas guidance for workers who have experienced this. The guidance will also help employers deal with current and historic allegations from employees.
Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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