IP analysis: The Court of Justice has handed down a preliminary ruling on the interpretation of Article 3(1)(c) of Directive 2008/95/EC concerning whether a trade mark which designates wine products and includes a term that is commonly used to describe facilities or sites in which wine is produced could be regarded as descriptive. The court held that such facilities would constitute a characteristic of the goods or services and therefore fall within the scope of Article 3(1)(c).
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The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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