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An Order for Specific Performance is a remedy which may be granted by a court when resolving a contract dispute. The intent behind the granting of Specific Performance is to compel the defaulting party to perform the positive contractual obligations that were promised as part of the contract. Such an Order is discretionary in nature, […]

Evergreening describes the periodic re-filing by a company of trade marks that are identical to previous registered marks prior to the expiration of the five year grace-period allowed following original registration and before actual use. If the mark is not re-registered it is at risk of a cancellation action for non-use. Opposing such a non-use […]

It is essential that brand owners are able to protect trademark rights and brand reputation when conducting business relying upon them whether at home or internationally. Any application for a trade mark which is similar to one already owned by someone else may well be met by civil proceedings in which a primary argument in […]

HMRC may pursue, at its own discretion, an investigation using Code of Practice 9 (‘COP 9’) as an alternative to a criminal prosecution, in circumstances where it is deemed appropriate. The service of a COP9 letter provides the recipient with the opportunity to make a complete disclosure of all the activity, deliberate or otherwise, that […]

A Personal Guarantee is given by an individual, the Guarantor, for the benefit of a third party, whichmay be an individual or corporate body, as security to a creditor, such as a bank or supplier ofmaterials, to ensure that in the event of the third party defaulting in payment, the Guarantorbecomes responsible for discharging the […]

There are different types of ‘Stalking’ and ‘Harassment’ and anyone can be a victim. The offences constitute conduct which is intended to cause a person alarm or distress, which must occur on more than occasion, but may be different in nature each time. Conduct amounting to harassment may be, for example: Stalking is a more […]