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A brand “is a thing very easy to describe, very difficult to define. It is the benefit and advantage of the good name, reputation and connection of a business. It is the attractive force which brings in custom. It is the one thing which distinguishes an old-established business from a new business at its first start.” (Lord Macnaghten – IRC v Muller & Co Margarine Limited [1901] AC 217 a stamp duty case).

As reported in January, the Charity Tribunal has overruled a decision of the Charity Commission allowing the appeal of Mr Christopher Lasper in respect of the removal from the register of charities of the charity known as “The Town Field”. Stephen Claus looks at the key points raised by the case.

Brabners Chaffe Street is hosting a free seminar on the effects of the recession on landlords and tenants and, in particular, issues that arise where retailers have gone into administration.  It will also includean overview of competition law and its effect on property.


Peter Jones and Colin Bell, from the Commercial and Intellectual Property team, will be representing Brabners Chaffe Street in Washington DC next week (5-9 May) at the Annual Meeting of the International Trade Marks Association (INTA), which will see more than 9,000 intellectual property professionals from across the world converge on Washington DC.

The complete list of new Top-Level Domain Name (TLD) applications has been revealed by ICANN (The Internet Corporation for Assigned Names and Numbers), and encompasses 1,930 applications for 1,700 different TLDs, of which 884 applications are from the U.S. and 40 are from the UK – the full list is at
From Thursday 26 May 2011, amendments to the Privacy and Electronic Communications. Regulations 2003 will change the law in relation to ‘cookies’. ‘Cookies’ are small data files 
which are downloaded from a website on to a user’s computer or device, allowing the website to recognise the device and recall information previously inputted by the user. Subject to strict exceptions (where use of cookies is ‘strictly necessary’) all websites will be required to obtain the consent of their users in order to continue using cookies. 
Online Marketing Communications on Companies’ own websites are now regulated by the ASA
As of 1st March 2011, the ASA remit now includes online marketing communications. This includes UK advertisers’ own marketing messages on their own websites and marketing communications in other online space under the advertiser’s control (such as social networking sites like Facebook and Twitter).
The Court of Justice of the European Union (CJEU) Advocate General has delivered his opinion in the combined cases of Philips and Nokia. Philips was referred to CJEU from the Belgian courts while the Nokia case was referred from the UK.
For some time we have been talking to people about the significance of the public spending cuts which are now virtually, if not entirely, upon us. Many charities are aware they are going to suffer significant reduction in core funding. The world from 2011 onwards is going to be very different. In this article we take a look at the implications of a reduction in funding and what it might mean for organisations.
On 6 April 2010 the potential risks surrounding the collection, management and use of individuals’ personal data are set to increase. From that date the Information Commissioner’s Office (ICO), the entity charged with overseeing and enforcing the Data Protection Act 1998 (the Act), will have the power to fine organisations up to £500,000 for serious contraventions of the Act.