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Kit Kat Shape Cannot Be Trade Mark, Rules Court

The long-running ‘chocolate wars’ between Cadbury and Nestlé over the shape of the Kit Kat has led to a judgment today from the Court of Appeal. The case resulted from an attempt by Nestlé to register the shape of the Kit Kat as a trade mark applying to chocolate products in the UK. Cadbury opposed the trade mark application, mainly on the ground...

Does Your Insurance Cover What You Want It to Cover?

There is no point taking out insurance policies that do not meet your needs and it is well worth taking professional advice to ensure that they are tailored to you. The issue was highlighted by one case concerning two brothers who were in business together and insured each other against death or critical illness. After one brother fell ill and was unable to work...

Minority Shareholders in Troubled Cosmetics Group Triumph

Fallings out between shareholders can be particularly divisive where no one person has a controlling interest in the company concerned. However, as one Court of Appeal decision showed, the outcome will usually depend on an accurate interpretation of the company’s articles of association. The case concerned two minority shareholders who between them owned 22...

Bid for Sporting Glory Not Commercial or Profit Driven Tax Tribunal Rules

Losses suffered in trade can generally be set off against Income Tax liabilities, but the trade concerned has to be genuinely commercial and carried on with a view to profit. A tribunal made that point in a case concerning a sporting venture that resulted in losses of over £30 million. The venture had been pursued by a limited liability partnership that was...

Company Shares Held in Trust – High Court Identifies Pitfall

Company shares are often held in trust by nominees for the benefit of others, but it is vital to remember that it is only the former who have a legal right to litigate on behalf of the trust. The High Court made that point in the case of a businessman who claimed to have been fraudulently deprived of shares that he beneficially owned. The businessman claimed...

Contract Arbitrators’ Factual Findings Accorded Judicial Respect

The decisions of contract arbitrators are accorded due respect by the courts and only in exceptional cases will judges go behind their findings of fact. That point could not have been more clearly made than in one High Court case concerning an allegedly defective shipment of fertiliser. The buyers of 4,500 metric tonnes of fertiliser had paid more than Euros...