Rosanna Cooper

Terminating an Agency Agreement - Breach of a Commercial Agency Agreement - Compensation for Agents

In PJ Pipe and Valve Co Ltd v Audco India Ltd [2005], the Court ruled that damages for a breach of a commercial agency agreement should be assessed on a flexible basis according to the particular facts of each case. The claimant, PJ Pipe, is an agency in the petrochemicals industry, promoting and selling products in this industry. The defendant... (posted by Rosanna 6 years 222 days ago.)

Intellectual Property: Trade Marks - Exhaustion of Rights

Advocate General Francis Jacobs has rendered an interesting Opinion for trade mark law owners in case C-405/03, Class International BV v. Unilever NV and others . The case concerned a container-load of toothpaste products bearing the defendants', Unilever, figurative AQUAFRESH trade marks. The goods had been shipped from outside the European Economic Area (EEA)1 to the Netherlands by the... (posted by Rosanna 6 years 242 days ago.)

Intellectual Property - Trade Marks - Distinctive Character Test - Landmark Decision

The recent decision by the European Court of Justice ("ECJ") in Societé des Produits Nestlé SA v Mars UK Ltd [2005], makes it easier for trade mark owners to satisfy the distinctive character test when applying for registration of their trade marks. The ECJ decided that the necessary distinctive character required for a trade mark registration can be acquired as a... (posted by Rosanna 6 years 242 days ago.)