More than Fifty Shades of Something

Posted on Jul 10, 2015 in General

I read today in the newspaper that a company well-known for a brand of skin cream was seeking to assert its IP rights concerning a very particular shade of blue. To the average person this may sound a little bizarre,  but such disputes should be no surprise if we consider the advanced state of Intellectual Property Law. Apparently the German Patent and Trade Mark Office (Deutsche Patent- und Markenamt) has already allowed over 95 colour marks...

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When is negligence really “gross”?

Posted on Jul 9, 2015 in Bugg’s Boilerplate, General, Lawspeak

Common Law jurisdictions usually regard the concept of “gross negligence” as existing only outside of contract law and relating to either criminal liability (e.g. gross negilgence resulting in death) or, in matters of torts in U.S. jurisdictions, as one of the requirements for punitive damages claims. It is therefore of great interest when a Civil Law (e.g. German Law) concept of “gross liability” is used in an English...

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