Wrigley Claydon Solicitors

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  • Rolling Stones pass Verve royalties to Richard Ashcroft

    Mick Jagger and Keith Richards of the Rolling Stones have ended one of the most acrimonious copyright disputes in British pop by granting Richard Ashcroft all future royalties from his 1997 song Bitter Sweet Symphony, performed by the Verve.

    Bitter Sweet Symphony reached No 2 in the UK and had a distinctive string motif. Those four seconds of strings were sampled from an orchestral recording of the Rolling Stones song The Last Time, but the rights were not fully cleared before the song was released.

    Publishing company ABKCO, owned by Rolling Stones manager Allen Klein, argued that the Verve had used a larger portion of the sample than was agreed, and, following a lawsuit that was settled out of court, forced Ashcroft to relinquish the song’s royalties and create a new song writing credit: Jagger/Richards/Ashcroft.

    But following an appeal to Jagger and Richards from Ashcroft’s management company, the pair “immediately, unhesitatingly and unconditionally agreed” to hand over the royalties.

    Suffering an intellectual property and technology disputes can have serious implications on your business.  Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • Divorce and protecting family wealth

    Divorce and protecting family wealth

    As a family solicitor specialising in the financial aspects of relationship breakdown I work closely with my colleagues in our Wills & Probate team, led by Partner Rachel Damianou.

    Clients often require help from both teams to ensure their interests are taken care of fully.

    A relationship breakdown (be the parties married or not) is a significant change in circumstances.

    It is always wise to deal with both the immediate financial consequences (payment of the mortgage and maintenance for the children for instance) and consider matters on a longer-term basis to avoid unintended and unwanted consequences.

    In relation to the latter, if you own a property jointly it is often on terms such that if one party dies their share will automatically go to the other joint owner.

    If the other owner is not whom you would wish to benefit and you’d prefer your share to go to someone else, your children for example, steps need to be taken.

    These can quickly and cheaply be taken with the writing of a Will and severance of what is called “the joint tenancy”.

    Another scenario might be the elderly parents of an adult child not wishing their assets to fall into the hands of a son/daughter in law that is separating from their child. Alternatively, if their child is to be married and they are disapproving of the union believing the intended son or daughter in law are only getting married for money’s sake.

    This anxiety can be overcome in many cases using a “discretionary trust” in the parent’s Will.

    The family assets are controlled by Trustees (often your executors) who have discretion to pay capital or income to the beneficiaries (perhaps their children and grandchildren) of the trust as they see fit.

    By guiding the Trustees as to their intentions, for example protecting assets from any divorces, the anxiety can be overcome.

    Such arrangements cannot be water tight as Divorce courts have wide powers however if it is seen that the trust is designed to cascade wealth down the generation’s courts are more likely to disregard the trust assets as a resource available for the divorcing offspring or their spouse.

    Early advice on these matters is always wise, so if you are contemplating separation or are worried about the impact of your children’s relationships breaking down please contact Rhona Royle in our Family team or Rachel Damianou in the Wills and Probate team.

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Solicitors
    Click here to find out more about Finances on Separation
    Click here to find out more about Trust Inheritance
    Click here to find out more about Making a Will

  • Britney Spears’ father sues Free Britney blogger for defamation over conservatorship comments

    Singer Britney Spears father, Jamie Spears is suing a blogger, Anthony Elia, creator of the Absolutely Britney blog and social media accounts, for claiming that he has been mistreating his daughter.

    Britney Spears was committed to a conservatorship in 2008 after her mental health breakdowns, which means that her father is legally responsibility for her finances and daily life.

    Fans started accusing Jamie of mistreatment and Elia, recently accused Britney’s father of deleting positive comments from her Instagram to give her the impression she was doing worse than she is.

    Jamie is suing Elia for falsely suggesting he and Britney’s team are ‘using her social media in a way to negatively portray her and do her harm.’

    If you have been defamed or have been accused of making defamatory statements our Commercial Litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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  • Children and Separation

    Children and Separation

    In March this year, Jack Osbourne, finalised his Divorce from wife Lisa.  Jack was spotted out and about in LA with 2 of his 3 children he shares with his ex-wife. Minnie, his 1 year old did not accompany dad on the outing. 
     
    Jack, the son of Sharon and Ozzy Osbourne, held hands together with the children as they were treated to ice creams on a sunny day. The family appeared happy and relaxed in each other’s company.
     
    Having gone through personal turmoil, Jack is spending time with the children which is extremely important when parties separate for the emotional wellbeing of the children. The children need stability and security and each parents approval and encouragement to do so. As a general rule, children should spend time with each parent as long as it is safe to do so.
     
    Often, children’s emotional stability is overlooked by separating parents in the emotional “tug of War” when parents are endeavouring to divide assets and manage the difficult emotional time for them, on separation.
     
    We at Wrigley Claydon can provide professional advice and guidance on all matters relating to children, divorce and separation, and offer a free half hour initial consultation.
     
    Please feel free to contact either Rhona Royle or Terri Pickup to arrange an appointment on 0161 624 6811.

    Click here to find out more about Arrangements for Children
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  • Handwritten Wills found in Aretha Franklin’s home

    Following the recent discovery of handwritten Wills being found in Aretha Franklin’s home last month, her family has been arguing with each other over the validity and requests of Wills allegedly handwritten by Franklin before she passed away in 2018. .

    One of the Wills named her youngest son, Kecalf Franklin as the executor of her estate. However, other family members contest the Will and claim that Kecalf isn’t fit to handle such an important and valuable estate.

    Consequently, Kecalf has since filed two court petitions seeking to be made an executor of his mother’s estate, alongside Franklin’s niece, Sabrina Owens, who was appointed to the role last year – but with the intention to replace her in due course.

    Kecalf claims that Owens has “mismanaged the estate” and has “failed to perform a duty pertaining to office.”

    Franklin’s four sons are now in dispute over the issue and consequently went to court to determine if the Wills are admissible to probate. Accordingly, a handwriting expert has been hired to review the Wills but the examination has not been finalised.

    If you are seeking provision from an estate or are looking to defend a claim our Probate Partner Rachel Damianou and Litigation Solicitor Shalish Mehta provide professional and sympathetic assistance. Call Rachel or Shalish on 0161 624 6811 (Option 6) or email rld@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Click here to find out more about Litigation
    Click here to find out more about Will Disputes

  • Airbnb threatens legal action against Scots firm Hairbnb in trademark row

    Airbnb has threatened legal action against a Scots firm named Hairbnb, which offers holiday homes for dogs. It connects licensed dog sitters, boarders and walkers with people who need their pets looked after.

    Allan Ritchie set up the dog boarding business in 2018 and applied for a trademark from the UK Intellectual Property Office (IPO).

    Airbnb were given two months to object, starting from February 2018. Airbnb didn’t take any action and Mr Ritchie was given a UK trademark in May 2018.

    However, Mr Ritchie has now been sent a “cease and desist” letter from Airbnb, which has given him until the end of June 2019 to change the trademark.  

    An Airbnb spokesman said: “We want to work in partnership with companies to address these matters and hope to collaborate to resolve concerns amicably.”

    Suffering an intellectual property and technology disputes can have serious implications on your business.  Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Click here to find out more about Civil Litigation
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  • Domestic abuse isn’t always physical

    We have recently seen an increase in clients seeking advice regarding a relationship breakdown due to domestic abuse that is not physical but falls into the category of behaviour referred to as “coercive control”

    Coercive control is defined as “an act or a pattern of acts of assaults, threats, humiliation and intimidation or other abuse that is used to harm punish or frighten the victim.” This form of domestic abuse only became an offence in England and Wales in 2015.

    We are seeing more cases where coercive control is a feature. Often perpetrators believe that as they are causing no physical injury their behaviour is acceptable, it is not.

    The recent case of Sally Challen highlights the issue of coercive control. Sally was convicted of the murder of her husband in 2010 but her conviction was quashed in February. She was due to face a second trial for murder next month, however, she has now had her conviction reduced to manslaughter and due to the time she had already spent in prison she is now free.

    The BBC report that Mr Justice Edis said the killing came after “years of controlling, isolating and humiliating conduct” with the added provocation of her husband’s “serial multiple infidelity”.

    The Guardian report that this has “become a landmark case on coercive control”.

    Sources:

    https://www.theguardian.com/uk-news/2019/jun/07/sally-challen-will-not-face-retrial-for-killing-husband

    https://www.bbc.co.uk/news/uk-england-surrey-48554239

    If you believe you may be the victim of coercive control please contact a member of our team for confidential advice and assistance regarding your options. We can offer support and legal advice at a distressing and difficult time.

    Please telephone to speak to either Rhona Royle or Terri Pickup on 0161 624 6811.

    We aim to deal with all our clients sensitively and with empathy, offering professional advice throughout.

    Click here to find out more about Family Lawyers
    Click here to find out more about Domestic Abuse

  • An Australian shoe company has been ordered to pay $450,000 to Deckers, the maker of the UGG boot

    Australian Leather, an Australian shoe company has been ordered to pay $450,000 to Deckers, the maker of the UGG boot.

    A jury for the US District Court found 12 pairs of sheepskin-lined boots sold by Australian Leather infringed US-based Decker’s ‘UGG’ trademarks.

    Deckers first filed an action against Australian Leather in 2016, asking the US court to limit the sales of Australian Leather’s boots to Australia and New Zealand so as to not cause consumer confusion in the US.

    Australian Leather argued “ugg” is a generic term origination in Australia from the 1960s surfing community, but this argument was rejected by the court.

    Additionally, Deckers also alleged Australian Leather had infringed four of its design patents. The verdict on whether Australian Leather infringed the design patents will be decided in a separate non-jury trial.

    In December 2018, Deckers took action against alleged online counterfeiters in China for selling fake UGG boots. It said the counterfeiters ran online stores designed to appear as authorised sellers. Deckers sought an injunction against the companies and $2 million for each use of the UGG trademark.

     

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Click here to find out more about Civil Litigation
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    Click here to find out more about Commercial Litigation
    Click here to find out more about Intellectual Property Solicitors

  • Iceland (The Country) Wins Trademark Dispute Against Iceland (The Supermarket)

    The European Union Intellectual Property Office (EUIPO) has invalidated the UK-based supermarket chain Iceland Foods Ltd EU-wide trademark for the word “Iceland” in 2014. It may not register a trademark on the word “Iceland” within the European Union following the Icelandic authorities who sued to have invalidated on the basis of being far too broad and creating a monopoly that prevented Icelandic companies from registering their products with reference to their country of origin.

     

    The EUIPO noted that “It has been adequately shown that consumers in EU countries know that Iceland is a country in Europe and also that the country has historical and economic ties to EU countries, in addition to geographic proximity.”

    Iceland Foods Ltd. has two months to appeal the ruling.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Click here to find out more about Civil Litigation
    Click here to find out more about Dispute Resolution
    Click here to find out more about Commercial Litigation
    Click here to find out more about Intellectual Property Solicitors

  • Scotch whisky brand Glenfiddich loses trademark battle with Indian firm

    William Grant & Sons the makers of Glenfiddich has lost a legal battle against an Indian firm, producing a Scotch whisky named Glenfield after it accused it of copying its brand.

    William Grant & Sons tried to block Glenfield’s attempts to trademark the whisky, saying it uses the same green and gold colours and stag on its packaging stating that the similarity between the names could lead people to confuse the two products. It argued that Glenfield could benefit from this confusion and wanted the application to be blocked.

    But the UK Intellectual Property Office (IPO), which rules on trademark disputes, found in Glenfield’s favour, saying consumers were unlikely to confuse the two whiskies.

    The IPO said: ‘Other than the common occurrence of glen, meaning “a narrow valley, especially in Scotland or Ireland”, the respective marks have no conceptual similarity.’

    It also said that while both labels featured stags, the fact that Glenfiddich shows one animal and Glenfield shows two was ‘unlikely to go unnoticed’.

    While the colours of both labels were similar, the IPO said ‘the differences outweigh the similarities and the applicant’s mark will do no more than bring the opponent’s mark fleetingly to mind. Therefore, there is insufficient similarity for a misrepresentation to occur’.

    Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Click here to find out more about Civil Litigation
    Click here to find out more about Dispute Resolution
    Click here to find out more about Commercial Litigation
    Click here to find out more about Intellectual Property Solicitors