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NEWS
IP analysis: Iconix Luxembourg Holdings SARL (‘Iconix’), which owns Umbro, succeeded in the Court of Appeal for its trade mark claim. Lord Justice Arnold overturned the first instance decision and held that there was a likelihood of confusion. He looked at the post-sale context and found that the defendant’s mark could look like the claimant’s double diamond, and that there was a likelihood of confusion. Written by Giles Parsons, a partner at Browne Jacobson LLP, and Gavin Gill, an associate at Browne Jacobson LLP.
NEWS
Construction analysis: The Technology and Construction Court (TCC) found that, where a main contractor had issued a claim form with only ‘very general’ details of its allegations of defective work against the defendants, this was not enough to constitute an abuse of process. The judgment suggests that main contractors faced with claims by their employers may be able to raise proceedings against their own supply chain (with a view to ‘passing down’ liability) for the purpose of interrupting limitation, even without full details of the employer’s case against them—provided they have a rudimentary ‘known basis’ for their claims. Note that this judgment is dated July 2024, but was only recently made available on BAILII.
NEWS
Employment analysis: ‘Volunteer’ is not a term of art and the legal status of all volunteers will depend upon the construction of the documents as a whole. The employment tribunal in this case had erred by finding that there was no contract (and therefore no worker status) where the claimant had to make a claim for remuneration rather than receiving payment automatically, according to the Employment Appeal Tribunal (EAT).
GLOSSARY
Where included in the SPA/APA, It gives the buyer the option to claim under the indemnity, in addition to its ability to claim damages for breach of warranty. The clause is drafted as a covenant to pay the buyer a sum equal to its losses. This is because a covenant to pay is treated as the payment of a liquidated debt and will allow the buyer to obtain summary judgment for that debt.
NEWS
Mealey’s: A District of Columbia federal judge on 30 September 2025 granted summary judgment and confirmed an International Centre for Settlement of Investment Disputes (ICSID) arbitral award worth more than €290.6m in favor of two Dutch renewable energy investors against the Kingdom of Spain, while Spain’s petition for certiorari to the US Supreme Court regarding a jurisdictional ruling in the case remains pending.
GLOSSARY
This is the risk-free rate that is now used as a base for EONIA and which will ultimately replace it. It reflects the wholesale euro unsecured overnight borrowing costs of euro area banks—see LIBOR transition.