Publications

Welcome to our first eBulletin of 2012 where we review policy developments, latest cases and give details of upcoming events.

After many years of argument, the EU has finally all but reached agreement on introducing a truly harmonised EU patent system. However, the new system is being held up by what may seem from a distance to be a somewhat petty squabble about the location of the Court which would deal with disputes arising under the patent.

Welcome to the January 2012 edition of the Sports and Sponsorship eBulletin. In this edition we focus on the possible implications for British football clubs in light of the new UEFA Club Licensing and Financial Fair Play Regulations as well as other high-profile matters affecting the sports industry, such as spot-fixing, the ongoing dispute between the BOA and WADA and the Court of Appeal's decision in Rooney v. Proactive.

Mark Owen discusses copyright issues.

On 25 January 2012 the European Commission published its proposals for a comprehensive reform of the EU's data protection laws designed to strengthen online privacy and harmonise data protection rules within the EU.

Welcome to our first Publishing eBulletin for the year where we will update you on the news and events of the last few months of 2011 and forecast some important issues for the industry in 2012.

In December 2011, the Court of Appeal handed down its judgment on the latest instalment of the long-running dispute between Wayne Rooney and his former management company, Proactive Sports Management Limited, in relation to an image rights agreement entered into between them in 2003.

On 21 December 2011 Ofcom upheld an appeal by News Group Newspapers against a determination by ATVOD that the video section of The Sun's website was subject to TV-style regulation pursuant to the AVMS Directive.

In this edition we look back at some of the developments which took place in employment law in the closing months of 2011, including the latest decisions on reasonable adjustments, TUPE and the inter-relationship between sickness and holiday absence.

In this edition of the Fashion eBulletin we take a look at national and global intellectual property and employment issues within the industry.

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law.

The UK government has launched a consultation on some potentially important changes to UK copyright law. The consultation follows an exhaustive review undertaken by the Hargreaves Committee over the last year.

The UK and Switzerland signed a tax agreement on 6 October 2011 (the "Agreement") to promote cooperation between the two countries in relation to taxation and cross border financial services. We have provided a short summary of the main provisions of the Agreement.

A briefing note on the Enterpreneur Visa, which provides a route into the UK for non-European migrants who want to set up or take over a business in the UK.

This short guide summarises the various tax reliefs that are available through EIS together with the criteria that must be satisfied by the investor and the company recovering the investment in order to ensure that the investment will qualify for the various tax reliefs.

The Enterprise Investment Scheme offers a range of tax reliefs (for income tax and capital gains tax) to investors who purchase new shares in smaller companies.

This short guide summarises the various tax reliefs that are available through EIS together with the criteria that must be satisfied by the investor and the company recovering the investment in order to ensure that the investment will qualify for the various tax reliefs.

On 29 November 2012, the Chancellor gave his Autumn Statement, which included plans to set up a new Seed Enterprise Investment Scheme. The aim is to provide a tax incentive for investment in start-up companies that is based on the existing Enterprise Investment Scheme tax reliefs.

Melanie Hart reviews the impact of the Trafigura case.

The Government introduced new visa rules in March 2011 with the aim of attracting foreign investors. As a result the current Tier 1 UK Investor Visa is a relatively straightforward route for high net worth individuals coming to live in the UK.

This is the second in our series of practical everyday HR scenarios, dealing with flexible working requests.

When can fake goods in transit be detained and destroyed by EU Customs?

The Court of Justice of the EU has given judgment on two joined cases relating to counterfeit goods in transit through the EU.

We have seen from today's Autumn Statement that the Chancellor's back is against the wall. In light of the gloomy economic forecast, few specific changes have been proposed to our tax system and the relatively limited "tinkering" is probably welcome.

Two important new Opinions have been given by the Advocate General of the European Court of Justice today (29 November 2011). These will be of particular interest to anyone involved with the protection of trade marks in the EU or the use or protection of computer software.

A recent ruling by HM Revenue and Customs ("HMRC") is a cautionary tale for those engaging staff on a self-employed basis.

As soon as the European Court of Justice (CJEU) held in July this year that eBay may be liable if it did not take some proactive steps to prevent infringers trading through its site, questions have been raised over how impregnable statutory safe harbours for other digital service providers really are.

In the second part of our examination into the ramifications for businesses affected by the UK Bribery Act 2010 (the Act) (which came into force on 1 July), we examine what procedures a commercial organisation coming within the Act should adopt to provide it with a defence that it has adequate procedures in place to prevent bribery.

When unmarried couples jointly own their property but do not agree upon the size of each party's share then an almighty legal tangle can ensue.

HMRC has recently established its "Affluence Team". This two hundred member team will be tasked with looking into the tax affairs of the estimated 350,000 individuals whose personal wealth exceeds £2.5 million.

The UK Bribery Act 2010 (Act) came into force on 1 July. It seeks not only to combat bribery in the UK but has a wider territorial reach and is much more far-reaching than the US Foreign Corrupt Practices Act 1977. The UK Serious Fraud Office (SFO) has already stated that "the UK will have the toughest bribery legislation in the world and it will be vigorously enforced…" This chilling statement has now been backed by action by the UK Crown Prosecution Service (CPS) with the first conviction under the Act.

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law.

Pre and Post nuptial agreements (together "nuptial agreements") are no longer the sole realm of movie stars and the super-rich. Nuptial agreements are rising in popularity as an effective wealth protection tool.

Have you seen your designs copied and not been able to do anything about it? Are you concerned that your business may be guilty of design infringement? Do you worry about spending money on protecting designs when you are not sure how much protection it is really giving you? If the answer to any of these questions is yes, then help is at hand.

The long and winding road to extend copyright protection in Europe for sound recordings finally came to an end in September, as the European Council voted in favour of extending the protected term from 50 to 70 years.

.xxx domain registration opened on 7 September 2011. .xxx domains are targeted at operators of adult entertainment businesses. However, there is potential for them to be abused if non adult brands are registered as .xxx domains without the brand owner's permission.

Dhana Sabanathan discusses how to preserve wealth for generations to come.

Many electrical companies turn to agency labour to cope with busy periods. But businesses should be aware of new rules giving temps equal rights, says Catherine McGrath. This article was first published in the Autumn 2011 issue of NICEIC Connections.

Mark Owen discusses the issues surrounding whether the licensing practices of the Football Association Premier League (FAPL) in the exploitation of its live football matches are compatible with European law, including competition law. An advisory opinion provided to the CJEU by the EU's Advocate General earlier this year (opinions which the Court usually but not invariably follows), has concluded that they are not.

A consultation to examine the deregulation of Schedule One of the Licensing Act 2003 has been launched by the Department for Culture, Media and Sport. The consultation seeks views on a proposal to remove licensing requirements in England and Wales for most activities currently defined as "regulated entertainment".

The reported refusal of Carlos Tevez to come off the substitutes' bench and play in Munich last night, as well as being a watershed moment in this unhappy footballing soap opera, does give rise to some serious contractual issues which the club will have to grapple with over the next few days.

Eight things you should know about the Agency Workers Regulations 2010.

Businesses have historically been allowed to treat agency workers less favourably than permanent full-time employees. The Agency Workers Regulations 2010 (the "Regulations") come into force on 1 October 2011 and give temporary agency workers greater protection. This article was first published in Connections Magazine.

In what will be a setback for most brand-owners, the European Court of Justice has today clarified the circumstances in which bidding on a competitor's brand as a Google Adword may amount to trade mark infringement.

This is the first in our series of practical everyday HR scenarios, dealing with optional and additional paternity leave.

Nicola Tager argues why adopting the 'Rooney Rule' in the UK could violate anti-discrimination laws.

In this edition, we look at some recent developments in employment law, including sex discrimination, reundancy selection and the new Bribery Act. We also look forward to the Agency Workers Regulations which will come into force in the Autumn.

Since April 2010, employees of large organisations have been entitled to request unpaid time off work to undertake relevant training or study. The right was due to have been extended to all employees of small and medium-sized businesses with effect from April 2011.

In this edition of the Fashion eBulletin we take a look at national and global intellectual property disputes within the industry, as well as advertising and employment issues.

One of the most eagerly awaited court decisions in Europe was handed down yesterday (12 July 2011) by the European Court of Justice. It is likely to be an important decision in clarifying where the balance lies in the liability of online service providers for unauthorised acts which take place over their services.

The Employment Group look at the recent cases that have supported the plight of the unpaid intern, especially from within the media industry.

Whether an individual is UK resident or not can have a significant impact in relation to the taxation of their worldwide income and gains. Glen Atchison and Dhana Sabanathan look at the Government's recent issue of a consultation paper as a step towards introducing a Statutory Residence Test.

Partner Mark Owen attended a meeting held at the Houses of Parliament on 20 June 2011, where the UK government indicated that it intended to legislate if necessary to block harmful content online from being made available to children.

The Fashion Group look at the recent trade mark dispute brought by Chanel and Louis Vuitton on a retailer unlawfully using the brands monograms on packets of chewing gum.

It's that time of year again when the ASA releases details of the most complained about adverts of the year. We take a look at some of the themes that seemed to reoccur in this year's list.

In this edition we focus on the possible implications for sports content rightsholders of the so called "pub football cases" as well as other high-profile matters which are affecting the sports industry including spot-fixing, match-fixing, database rights and the ongoing NFL lock-out.

Marks & Spencer recently threatened Ann Summers, the lingerie and erotic retailer, with legal action in relation to a promotion over the bank holiday weekends for bundling its products like a "meal deal" with a "starter", "main" and "dessert" product.

In May's edition of Intellectual Property Magazine, Harbottle & Lewis Partner Shireen Peermohamed looks at keyword advertising in the case Interflora v Marks & Spencer.

The Hargeaves Review considers how the national and international IP system can best work to promote innovation and growth. Released today (18 May 2011), Mark Owen of the Intellectual Property Practice takes a first look at the possible outcomes.

In this Ad Alert we look at how the ASA deals with complaints about seemingly inappropriate television advertising before the watershed.

The Fashion Group looks at the ongoing dispute between Christian Louboutin and Yves Saint-Laurent over the use of a red sole on their designer shoes.

Head of Broadcasting Tony Ballard refers to the so-called 'pub football cases' and looks at whether the current practice of exclusive territorial licensing of digital content is compatible with European law.

In this edition we look at the effect of counterfeits on online trading, and two recent cases regarding trade mark infringements.

We look at how the huge growth in eCommerce has created conflict between rights-owners and online service providers reagrding the sale of counterfeit products.

In this Commercial eBulletin we examine the importance of using "subject to contract" wording in pre-contractual negotiations and how a recent Court of Appeal decision may pave the way for parties to provide their consent to a future novation of their contract as well as other recent developments and decisions which may have a significant impact on commercial contracts.

In this article, the Tax Group focus on the implications that the Coalition Government's First Budget will have for UK resident and non-UK domiciled individuals.

Caroline Turner and Nicolas Murfett question the rights for publishers and authors as more books are produced digitally.

This Briefing Note looks at the powers of the national Community Trade Mark Courts when dealing with a CTM infringement, focusing on the April 12 decision of the European Court of Justice in DHL v Chronopost.

It has been another unusual year, and although many clients continued to face difficult markets, an increasingly large proportion have been thriving. Has a corner been turned? We don't think so yet - but the signs are encouraging, and we have begun 2011 with great optimism.

Read the Annual Review of our work and achievements from 2010.

We look at the ASA's recent decision to ban adverts in Jack Wills' 2011 Spring Term Handbook, highlighting the difference between the ASA's treatment of harmless sexual innuendo and graphic sexual references.

The Government has recently announced a number of proposed changes to legislation designed to make it easier and less expensive for small and medium-sized enterprises ("SMEs") to raise funds by offering shares to prospective investors. This note briefly summarises two of the key changes that are proposed.

In this eBulletin we look at changes in the law, recent Court and Authority decisions impacting the industry, and funding options for those starting up in fashion as well as those looking to expand an existing business.

The Advertising Standards Authority (ASA) has upheld complaints against YSL's Belle D'Opium television advert for being irresponsible and offensive. Find out the reasons behind the decision.

In the first trial in the Patents County Court since the Court's new procedural regime came into force, the avant-garde British fashion designer, Dame Vivienne Westwood O.B.E. brought a series of successful claims for trade mark infringement, passing off and copyright infringement against a Manchester-based fashion designer, for what the Court described as a "systematic exploitation of the Claimant's marks".

Head of Publishing, Caroline Turner, looks at the result of the Google Book Settlement in New York, and the Court's decision that the ASA did not pass the relevant test of being "fair, adequate and reasonable".

The Chancellor's Budget announced a number of welcome changes clearly designed to rejuvenate investment in the UK. Entrepreneurs in particular are set to benefit, with significant positive changes in relation to Enterprise Investment Scheme (EIS) and entrepreneurs' relief. Furthermore the reduction of the rates of corporation tax should make the UK more competitive.

There are multiple funding options that are available to help start-up fashion businesses. In this Briefing Note, the more common types of funding are examined which can help you decide the best option for your business, the key points you need to consider and practical tips on how to increase your chances of successfully raising the funds that you need.

Harbottle & Lewis lawyers Tony Littner and David Scott contemplate George Osbourne's second Budget, due tomorrow, and what it will have in store for venture capital.

A recent case has served as a reminder of the importance of marking pre-contractual correspondence and draft documents with the words "Subject to contract".

The long running debate about what goods and services Community Trade Marks (CTMs) cover, when the Class heading is used to define them, rumbles on.

A case comment from the International Sports Law Review regarding the organisers of professional football matches taking the lead in the battle to prevent the unauthorised use of their fixture lists.

In this month's eBulletin we examine some of the recent developments in and key changes to Employment Law. We also review the significant cases to have been decided in the last few months covering such topics as TUPE, age discrimination, transfer of confidential info, redundancy, victimisation, disability discrimination and bonuses.

Untangling the legal affairs of married foreign nationals can make interpreting Resolution 1441 look like child's play, say Dhana Sabanathan and Katie Longmate from Harbottle & Lewis.

On 6 April 2011, section 159 of the Equality Act 2010 (EA 2010) will come into force and will enable employers "to apply voluntary positive action in recruitment and promotion processes when faced with two or more candidates of equal merit, to address under-representation in the workforce".

Advocate General Cruz Villalon has given his opinion on two joined cases relating to counterfeit goods in transit through the EU. Such goods are able to be moved from place to place within the EU, without being subject to Customs duty, on the basis that their ultimate destination is declared to be outside the EU.

It generally accepted by the investor community that the standards of corporate governance for large companies is not appropriate for smaller companies listed on the AIM. This Briefing Note looks at the developments and the industry views of this situation.

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law. Please click on the individual articles below, or on the title above to view the full eBulletin.

• Toughening Europe Up: EU Commission Wants IP Enforcement Strengthened
• Can a Graphical User Interface be Protected as a Copyright Work?
• Copyright Can Subsist in a Newspaper Headline: the English High Court Follows Infopaq
• EU Court to Consider Jurisdictional Reach of Trade Marks and AdWords
• Football Dataco: All to Play For as Court of Appeal Punts it Off to Europe
• Holy Cow! Injunction for Passing Off of Cowshed Beauty Products Refused

The Advertising Standards Authority has produced numerous recent adjudications which shed interesting light on the general approach taken by the Authority in response to complaints raised. We look at recent adjudications regarding a TV advertisement for Saw3D and a poster for Vitaminwater, owned by CocaCola Enterprises Ltd.

There are simple steps publishers can take to close the loophole that let the Stig free to publish.

The EU Commission has suggested that IP enforcement procedures and remedies should be made tougher on infringers and more effective for rights-owners.

Your company or partnership is located outside of the UK, but does business in the UK. Like many companies, your UK office also conducts business in other overseas countries. You are fully in compliance with the US Foreign Corrupt Practices Act 1977. Why would the UK Bribery Act be relevant to you?

For many individuals who engage in even relatively straight forward tax planning, arranging their financial affairs may involve both lawyers and accountants. However, in light of the issue of privilege, the consequences of being advised by either a lawyer or an accountant can be far reaching.

Ofcom has delegated much of the day-to-day regulation of TV-like on-demand services to ATVOD and ASA, but has retained some functions. They include appeals from ATVOD's decisions on the scope of the new regime and the application of sanctions for non-compliance. Ofcom has now launched a consultation on the procedures that it intends to apply in handling appeals from ATVOD's decisions on scope and in imposing sanctions.

You may think you've divorced yourself from the UK, but the taxman sees it differently. Glen Atchison and Dhana Sabanathan explain.

Although the agency model can be entirely legal, publishers must avoid potential pitfalls.

Successfully claiming discrimination is about to get easier for some people.

Ed Vaizey, a junior Minister in the UK Coalition Government, has been widely reported as saying that ISPs should be allowed to abandon net neutrality by allowing them to offer tiered levels of services to their customers. What in fact he said was rather different but still controversial.

Our Fashion Group provides an update on the latest developments on the legal side of the fashion industry. Please click on the individual articles below, or on the title above to view the full eBulletin.

• The Specsavers and Asda Saga
• Social Networking - Friend or Foe?
• Cotton Price Spike Presents Further Challenge to Profitability
• 'See You Later, Alligator' - Lacoste Bids Farewell to Trademark Case
• Distance Selling - Do Delivery Charges Need to be Reimbursed?
• Entire Agreement Clauses in Commercial Agreements

The ASA Adjudications are essential reading for anyone involved in advertising and marketing, as they are the best guide on trends and how the ASA views particular issues. Over the last couple of weeks, there have been a number of interesting reports.

Ofcom has launched a final 28 day consultation on proposals to make available vacant spectrum in the broadcasting bands on a licence-exempt basis.

David Scott of law firm Harbottle & Lewis LLP, offers advice to charity trustees wondering how to deal with the results from the Spending Review. This article was published in Charity Insight, October 2010

The eagerly awaited judgment in the matter of Radmacher was finally handed down by the Supreme Court on 20 October 2010. Heralded as "groundbreaking", just what does the decision mean for those seeking to enter into a pre-nuptial agreement?

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law. Please click on the individual articles below, or on the title above to view the full eBulletin.

• County Court Evolves for Smaller IP Claims
• A New Defence of "Abuse of Rights"? Oracle v M-Tech
• All is Revealed, the Unmasking of the Stig
• Opposing a Trade Mark: One Day Less to Do So
• First Case to Consider the Digital Economy Act - From Ireland
• Threatening Users of Your Trade Mark Can be Risky, the Best Buy Case and the Long Arm of English Law

The UK's tough economic climate can make moving abroad look attractive but there are serious implications on paying tax

Many charities reliant on the public purse for funding will be nervous following the cuts in government spending announced yesterday by George Osborne. The role that the charitable sector has to play as part of the Big Society will be both more difficult and more important as a result of the cuts.

The coalition government recently announced its intention to generate an additional £7 billion a year in tax revenues by 2015 through targeting wealthy individuals. To achieve this, HMRC will rely upon far reaching (and increasingly extensive) information powers.

At the risk of suggesting that the Harbottle & Lewis Advertising Group is only interested in one thing, we have been interested to note this week the commentary on Rodial's new Boob Job - a bust enhancing cream that promises to increase women's breasts by half a cup size provided it is used daily for 56 days and, at £125 for a 100ml pot, it better had.

Strict deadlines apply if you want to oppose the registration of a trade mark. If you miss them, there is no second chance. Oppositions are often not filed until the last day for tactical reasons. However, that last day may no longer be the one you think it is.

In this month's e-Bulletin we examine some of the recent key changes to and developments in employment law including the long-awaited and much-anticipated Equality Act, the majority of which came into force on 1 October.

We also review the significant cases to have been decided in the last few months covering such topics as team moves in the financial sector, unfair dismissal, discrimination and TUPE. Please click on the individual articles below, or on the title above to view the full eBulletin.

• The Equality Act Continued
• Team moves in the spotlight
• No discrimination in BA's uniform policy
• Agency worker: no protection from discrimination
• No service provision change under TUPE where no transfer of work in progress
• No age discrimination when employee unable to obtain degree before retirement
• Dismissal rendered unfair by inadequate investigation

The BBC's failure to obtain an injunction to prevent publication of the autobiography of racing driver Ben Collins dominated the news in late summer but the Court this week handed down its judgment explaining the basis for the high profile decision.

Deciding whether or not any particular campaign, or any part of it, is likely to offend against this broad principle can often be difficult, because it involves subjective criteria, and an attempt to second guess what the regulators think the public will think.

Eleanor Porter discusses the new Act which provides increased protection for disabled people. The new concept of "discrimination arising from disability" is intended to replace "disability-related discrimination" under the Disability Discrimination Act 1995, which is repealed upon the introduction of the Equality Act 2010.

The High Court has recently decided another "battle of the forms" dispute which arose following parties commencing work under a supply contract before the exact terms of the contract were properly concluded.

In April 2010, judgment was handed down in the case of JKN v JCN. The case has been described as a blow to those litigants trying to 'forum shop' by issuing a petition in the English courts, plainly one of the most generous jurisdictions in the world when there is a competing jurisdiction in play.

Just days after we bemoaned the delay, it was formally announced that the digital remit of the Advertising Standards Authority (ASA) is to be significantly extended to improve online consumer protection.

The underlying purpose of contractual damages is to put the injured party in the position in which it would have been, had the contract been performed satisfactorily.

In the wake of increases to the top rate of tax, changes to the pension rules and the taxation of non-UK domiciled individuals, the question of whether to leave the UK has been on the minds of many wealthy residents.

For those who are easily excited by advertising matters, there was an announcement a few months ago that caught our attention. The word was out that the remit of the ASA and the Advertising Codes would soon be extended to cover website content and editorial, rather than just obvious paid for advertising. STOP PRESS: The ASA has announced that the extension will take effect from 1 March 2011.

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law.

Kelly Brook has been busy this month. She has declared August 2010 to be her "naked month". And indeed it is. Her Playboy centrefold will be published, she is captured, naked, in a photo shoot for Love Magazine also out this month, her new movie Piranha 3D will premiere (in which she has a terrifying, naked, encounter with a piranha) and she has appeared naked in an ad which has been unveiled in Battersea.

The recent case of Charles v Fraser has again highlighted the binding effect of carefully drafted mutual Wills.

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

The Court of Appeal handed down a ground breaking judgment removing the protection to divorcing parties regarding the discovery and use of documents in financial proceedings.

The Charity Commission has begun to publish sector-specific guidance (and assessment reports) on satisfying the public benefit requirement.

The Strategic Advisory Board for ­Intellectual Property (Sabip) is, rightly, one of the first quangos to be cut by the ­coalition.

Spectrum will shortly become available for the development of next generation mobile services in the UK. It will include some of the spectrum which was previously used for television broadcasting and which is being released as a result of digital switchover and also the so-called 3G expansion band.

The UK law on residence is notoriously convoluted and complex, largely due to the lack of one definitive statutory test. Furthermore, from 6 April 2009, the taxpayer cannot rely on the official guidance issued by HMRC (now known as "HMRC6") in court.

Following our note in February, the Supreme Court has overturned the Court of Appeal's decision in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Co KG and decided that a contract did exist. However, parties should still take care.

A pre-nuptial agreement is a difficult thing to raise with your spouse to be. But given that two in three marriages end in divorce, should we be burying our heads in the sand, or planning for that possibility?

In the recent case of Shell Egypt West Manzala GMBH v Centurion Petroleum Corporation, the Court considered a party's right to terminate a contract in accordance with its terms and suggested that, for the avoidance of doubt, a party may rely on alternative termination rights.

PRS for Music has now begun its 12-week long consultation process for what it hopes will lead to a revamped Tariff LP.

George Osborne delivered the new Coalition Government's eagerly awaited Emergency Budget this afternoon. No doubt more detail and reaction will emerge over the days and weeks ahead but this bulletin summarises the initial headline implications of the Emergency Budget for businesses and high net worth individuals.

Employers are gearing up for weeks of football-related disruption. This is a guide to help managers cope with employment issues arising from the World Cup, as well as offering hints on how best to manage employees effectively over the coming weeks.

Glen Atchison and David Scott summarise what they expect to be the most likely changes resulting from the Emergency Budget in 2010.

Last month the Bribery Bill received Royal Assent and is expected to come into force as the Bribery Act 2010 later this year. The Act came about partly as a response to international criticism about the weakness of the UK's anti-corruption legislation.

Our Fashion Group provides an update on the latest developments on the legal side of the fashion industry. Please click on the individual articles below, or on the title above to view the full eBulletin.

• Protecting fashion brands online
• Grey goods - brand owners remain protected
• Recent case illustrates the pitfalls of exclusive licensing agreements
• Counterfeit Fashion - good news and bad news

When does public interest become public prurience? And how much should be revealed about your salary? Jo Sanders-Key finds that nothing is as private as it used to be.

Since the introduction of the Finance Act 1986, HMRC has sought to tax non-resident, non-domiciled athletes competing in the UK both on the earnings they make while they are in the UK as well as on a proportion of their global endorsement income. The theory behind this decision is that a proportion of athletes' endorsement income can be directly linked to their performance in competitions held in the UK.

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

Shireen Peermohamed examines what the Google Louis Vuitton case means for brand owners, advertisers and search engines.

In this month's eBulletin we examine some of the recent key changes to and developments in employment law including the introduction of the new "fit-note"; the new prohibition on blacklisting trade unionists; and recent amendments to family friendly working practices.

We also review the significant cases to have been decided in the last few months covering such topics as working time, variation of contractual terms and also an update on the long-running sickness and holiday debate.

With the biggest review of civil procedure since the Woolf Report now released, Andy Millmore looks at its significance for commercial litigation.

Providers of on-demand programme services must complete and send a notification form to the new regulator, ATVOD, on or before 29 April. There are penalties for non-compliance.

The UK's Copyright Tribunal has published new rules which came into force on 6 April 2010 that govern the cases it hears. The rules are designed to streamline Tribunal cases with the ultimate aim of saving parties' legal costs.

Shireen Peermohamed and Chloe Wright examine judgment in licence tariff case.

This is an update on the new legislation permitting product placement in UK broadcast television. It comes into force on 16 April. It gives effect to what Ben Bradshaw announced in February but there are some unexpected features which we describe in this note.

The ECJ has handed down judgment in the joined cases of Google France, Google Inc v Louis Vuitton Malletier (C-236/08), Google France v Viaticum Luteciel (C-237/08) and Google France v CNRRH and Others (C-238/08) which finally addresses the legality of third parties purchasing trade marks as keywords for online advertising.

Following a recent decision of the UK Court of Appeal, Paul Groves discusses the legality of chipping games consoles.

Despite EU legislation being in place, e-money services are still slow to develop. Several directives, between 2000 and 2009, have attempted to give a clear framework to these types of services in order to reassure consumers and boost competition. However, Adam Mitton shows that there is still uncertainty regarding the definition and scope of some types of financial services.

Recent cases decided by the Court of Appeal highlight the risks in commencing work under a letter of intent or interim agreement before a contract has been finalised.