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Latest News
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David vs Goliath: Global Tyre Brand in Trademark Infringement Dispute
Japanese tyre and automotive parts manufacturer Bridgestone has threatened to take legal action against a one-man-band flooring company in Herefordshire over use of the ‘Bridgestone’ company name. The multinational corporation, the world’s second largest tyre manufacturer is headquartered in Kyobashi in Japan, and has production facilities in 24 countries. In contrast, tradesman Andy Bridgewater set up ‘Bridgestone Designs’ in his garden shed having been furloughed during the Covid-19 pandemic. Mr Bridgewater says he retrained to become a resin floor installer and invested all of his savings into setting up Bridgestone Designs two months ago. As a result, and despite the different nature and size of the two businesses, the tyre manufacturer has requested that he change the name of his company or face formal legal proceedings. Mr Bridgewater said that the similarity was pure coincidence. When setting up his business, he used... Read More
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Guide: Commercial Debt Recovery Options
Unpaid debts are an unwelcome hazard of operating in the commercial world. The reality of working life is that operating in the private sphere exposes a business to the risk that their fees will not be paid, or that the terms of an agreement are not honoured. In other words, the business will become a creditor and must attempt to recover commercial debt. It is common practice that in exchange for the delivery of a particular service or product, there is payment of a fee. This happens in a variety of contexts: the delivery of goods by a private courier; or the provision of specialist services by an individual of a particular profession or trade. Regardless of the facts, when a product or service has been provided there will be requirement for payment to be given in exchange. However when payment... Read More
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Recent Cases Highlight Increasing Antagonism in UK Litigation
Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken. In the case of Navigator Equities Ltd & Ors v Deripaska from July this year, Mr Justice Andrew Baker said that, in the 30 years in which he had worked in commercial dispute resolution: There has been a significant general increase in hostility and aggressiveness in the conduct of disputes…the taking of any and every point, good or bad, and other failures to display proper independence from the litigating client... Read More
