Corporate e-news

Apple’s Trade Mark Battle in China

Napthens - June 13th 2016
A Beijing court has ruled against Apple Inc. in a trade mark battle that prevents the technology giants from selling certain leather accessories with the name ‘iPhone’ in China. This is due to there being an existing registered trade mark ‘IPHONE’ in relation to leather goods (Class 18), owned by small Chinese leather company Xintong Tiandi Technology.
Read More

Joint ventures – what are they and should I enter into one?

Napthens - June 13th 2016
The term joint venture is most commonly used to describe an arrangement where two (or more) businesses collaborate. For example: forming a partnership or contractual arrangements such as entering into a distribution agreement. A common and flexible solution is to form a separate company to undertake the joint venture (usually a private limited company).
Read More

Joint ventures – what are they and should I enter into one?

Napthens - June 7th 2016
The term joint venture is most commonly used to describe an arrangement where two (or more) businesses collaborate. For example: forming a partnership or contractual arrangements such as entering into a distribution agreement. A common and flexible solution is to form a company joint venture (usually a private limited company).
Read More

‘Nothing is certain but death and taxes’ – Shareholder Arrangements on Death

Napthens - April 11th 2016
Whilst neither tax nor death can be avoided, much can be gained by planning for the death of a shareholder by agreeing now, what shall happen in this event.
Read More

Why should I register my app as a trade mark?

Napthens - April 11th 2016
You’ve developed the app, perfected the marketing and got it included in the app stores – so far so good. However, it is the nature of the industry that as soon as a successful app is launched, any number of copycat apps appear on the market with confusingly similar names stealing ‘your’ customers. So what can you do?
Read More

Penalty clauses and their implications

Napthens - February 8th 2016
It is a well known fact that the English are terrible at penalties. My theory is that this all stems from the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd back in 1915 whereby it became a fundamental part of English contract law that penalties were unenforceable.
Read More

When is a company deemed solvent or insolvent?

Napthens - February 8th 2016
A company is insolvent if it is unable to pay its debts as and when they fall due. There are two tests which the courts will apply to determine whether a company is insolvent at a particular point in time; the ‘Balance Sheet Test’ and the ‘Liquidity Test’.
Read More

Trademarks issues for KitKat

Napthens - February 8th 2016
What’s the difference between a Toblerone and a Kit-Kat? Aside from the obvious, it’s the fact that the shape of a Toblerone bar is a registered trade mark, and therefore no one can create a chocolate bar in the same shape, whereas Nestle has just lost in its attempt to register the shape of the four-fingered Kit-Kat bar as the High Court has just ruled against the registration.
Read More

What are statutory registers and what company records do I need to keep?

Napthens - November 30th 2015
Limited companies are legally required to keep and maintain a number of statutory records and registers.
Read More

Bad weather and Force Majeure

Napthens - November 30th 2015
With the winter months well and truly upon us, as usual we’re being warned that this winter could be one of the worst the country has seen. For many businesses, it will mean having another look at their business continuity plans and contracts as deliveries may become delayed or cancelled due to the bad weather.
Read More

Modern Slavery Act 2015 is coming into force

Napthens - November 30th 2015
This October saw the introduction of the Modern Slavery Act 2015. The Act requires large businesses to publish a slavery and human trafficking statement each year, setting out the action they have taken to ensure their supply chains are slavery free.
Read More

The best time to trade mark…is now

Napthens - November 30th 2015
Trade mark protection is currently a hot topic. Particularly as the greatest power of a trade mark is the ability to stop other businesses from using certain words, phrases or images within identical or similar sectors/industries.
Read More

Maximise your recoveries – Late Payment of Commercial Debt (Interest) Act 1998

Napthens - November 30th 2015
On 1 November 1998 the UK Government introduced The Late Payment of Commercial Debts (Interest) Act 1998 (LPCDI). This allows businesses in the UK to charge interest (and compensation costs) where a customer is late in paying bills.
Read More

New Consumer Rights Act – Are You Ready?

Napthens - September 22nd 2015
Consumer protection legislation has undergone a major overhaul recently and is set to be completed when the new Consumer Rights Act 2015 comes into force on 1 October 2015.
Read More

Small Business, Enterprise and Employment Bill

Napthens - January 12th 2015
The Small Business, Enterprise and Employment Bill is currently making its way through Parliament and contains a number of amendments to reduce the barriers that can hamper the ability for small businesses to innovate, grow and compete. A...
Read More

Changes to Consumer Contracts

Napthens - June 3rd 2014
From the 13 June 2014, the previous law on distance selling and doorstep selling will be replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Read More