Wrigley Claydon Solicitors

Category: Litigation & Disputes

  • Whole Lotta copyright infringement

    Led Zeppelin’s lead singer Robert Plant and guitarist Jimmy Page will appear in a Los Angeles court on 10th May 2016, accused of copyright infringement.

    A judge in the case said there are “substantial” similarities between their track Stairway To Heaven and Taurus, a song written by the band Spirit in 1967.

    The lawsuit was brought by Michael Skidmore, a trustee for the late Randy Wolfe, who was Spirit’s guitarist and composer of Taurus.

    Mr Skidmore says the two bands toured together in 1968 and 1969 and this may have been when Page was inspired to write Stairway To Heaven.

    Plant and Page, however, say that Wolfe was a songwriter for hire and, therefore, had no claim to copyright.

    They also say that the chord progressions in Stairway To Heaven were too well-known for such protection.

    Led Zeppelin often drew inspiration from other groups and some of these have resulted in legal challenges.

    As a result, the band has already been forced to alter the credits and pay portions of their royalties for songs such as Babe I’m Gonna Leave You and Whole Lotta Love.

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.

    If you feel you have an intellectual property case and need the advice of a copyright infringement solicitor North West, then please speak to Shalish Mehta, in our civil and commercial litigation department. Please call us on 0161 785 3534 or email sm@wrigleyclaydon.com.
  • Advice on contesting a Will from our Will dispute solicitors

    Advice on contesting a Will from our Will dispute solicitors

    Actress Lynda Bellingham, who starred in the long running Oxo TV adverts and panelist on Loose Women, died in 2014. In her will she left everything to her husband, Michael Pattemore.

    Ms Bellingham’s two sons have criticised Mr Pattemore for ‘disrespecting their mother’s memory’ since her death.

    The sons stated they are in the process of challenging their mother’s will and accused Mr Pattemore of depriving them of their inheritance, evicting them from the family home and squandering thousands of pounds from their mother’s estate.

    Will disputes can be very complex and require expert legal guidance to resolve matters as fairly as possible.

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier, whether you are bringing a claim or you are on the receiving end. We are experts in this field and have won complex cases for our clients.

    As it is an emotional time we deal with each case sensitively ensuring that all of our clients are happy with each stage of the process and the outcome of proceedings.

    If you are looking for Will and Estate dispute advice do not hesitate to contact us. Call 0161 785 3534 to speak to to Shalish Mehta in our disputes department or email shalish.mehta@wrigleyclaydon.com.
  • Beyoncé sues for intellectual property infringement

    Beyoncé sues for intellectual property infringement

    Beyoncé is suing a U.S. company selling infringing “Feyonce” merchandise on their website.

    The singer sued to stop the sale of shirts, sweaters, tank tops, hoodies and coffee mugs bearing the “Feyonce” name, which she says is too close to her own trademarked name. The mug has the phrase “he put a ring on it,” which Beyoncé said was intended to call to mind the lyrics of her hit song ‘Single Ladies’.

    She said the sale of Feyonce items confuses consumers and causes her irreparable harm.

    She also said one defendant has also filed a U.S. trademark application for “Feyonce,” with and without the accent over the “e.”

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimizing your liability.

    If you feel you have an intellectual property case and need some legal advice then please speak to Shalish Mehta, in our civil and commercial litigation department. Please call us on 0161 785 3534.
  • Possible Intellectual Property case for Fawlty Towers actor John Cleese

    Possible Intellectual Property case for Fawlty Towers actor John Cleese

    Actor John Cleese says he may sue an Australian theatre company for its “shameless rip-off” of Fawlty Towers.

    The actor said that the Faulty Towers Dining Experience did not seek permission to use the show’s title, themes or characters and had not received royalties from the show, which reportedly makes almost $2m (£1m) a year.

    He stated, “Seems they thought that by not asking, and by changing the ‘w’ to a ‘u’, they’d be in the clear! Hilarious.”

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights our intellectual property solicitors Oldham can help you secure an injunction, damages or account of profits with the delivery up and destruction of the offending item.

    If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimizing your liability.

    Please speak to Shalish Mehta, solicitor in our civil and commercial litigation department. Call us on 0161 785 3534 or email Shalish.Mehta@wrigleyclaydon.com.
  • Civil litigation solicitors Oldham warn of Crash for Cash scams

    Civil litigation solicitors Oldham warn of Crash for Cash scams

    Birmingham has been ranked as England’s “Crash for Cash” capital by research carried out by Aviva.

    Crash for Cash scams are run by fraudsters who manufacture collisions, sometimes with innocent road users, hoping to profit from fraudulent insurance claims.

    The research also showed that Oldham was in the top 10 hotspots.

    If you have been in an accident and you are suspicious, make sure you take the following steps:

    • Don’t admit liability for anything at the scene
    • Don’t challenge the other driver directly with your suspicions
    • Make written notes of what happened. Take descriptions of the other driver/passengers along with what is said
    • Take photographs of the scene and damage to the vehicles. Do it discreetly if you can
    • Insist on calling the police
    • Check for independent witnesses, but be aware that gangs can plant witnesses as part of the scam
    • Report the incident to your insurer as soon as possible and tell them about your suspicions
    • Report the incident to the Insurance Fraud Bureau, either through their website www.insurancefraudbureau.org by calling their Cheatline on 0800 422 0421.

    If you have been injured in an accident that was not your fault, we can help you obtain genuine compensation that you deserve. Please speak to Shalish Mehta, a solicitor in our civil and commercial litigation department.

    Please call on 0161 785 3534 or email Shalish.Mehta@wrigleyclaydon.com.
  • Civil litigation claim against Derby City council

    Civil litigation claim against Derby City council

    A couple in Derby have been awarded a £38,000 payout after the council refused to chop down an enormous tree which caused thousands of pounds of damage to their home.

    The 58ft cedar tree’s roots ended up causing cracks in the brickwork and internal plastering of the couple’s home and the couple have now been awarded compensation of £3,000 for stress and inconvenience and their insurers £35,000 for the cost of the building work.

    Insurers took legal action against the council to recover the costs of strengthening the house’s foundations, and to compensate the couple.

    If you feel you have an issue with a tree belonging to a neighbour or local authority which is causing damage to your property or is blocking your light then please speak to Shalish Mehta, our commercial and civil litigation solicitor.

    Please call us on 0161 785 3534 or email Shalish.Mehta@wrigleyclaydon.com.
  • Debt recovery Todmorden

    Debt recovery Todmorden

    The Late Payment Legislation exists to protect all businesses but particularly small and medium-sized enterprises (SMEs) who are most vulnerable to financial burden as a result of late payments. Late payments for any business can cause trading difficulties and so the Late Payment Directive’s ethos of paying on time being the norm, and late payment seen as unacceptable aims to combat this.

    Late Commercial Payments

    If another business is late paying for goods or services, you can claim interest and debt recovery costs. The law states a payment becomes late after 30 days for public authorities and 60 days for business, unless otherwise agreed.

    Statutory interest on late payments is charged at 8%, plus the Bank of England base rate (currently 0.5%).

    A fixed sum can also be charged on top of the interest for debt recovery:
    Up to £999.99 = £40
    £1000.00 to £9999.99 = £70
    £10,000.00 or more = £100

    Our Debt Recovery solicitors advise the best way of ensuring prompt payment is to agree terms in advance of any transaction. Timely and accurate invoicing is also key, as is a genuine focus on customer relations and managing cash flow.

    Should all else fail, using a solicitor is a way of recovering debts. Using a solicitor can potentially be expensive, however, at Wrigley Claydon we have an experienced Debt Recovery team who can handle all manner of Commercial, Consumer and Personal debt recovery by  using the latest technology which ensures that you receive an efficient, cost effective service. We offer our clients a low cost fixed fee service and aim to recover the majority of our fees from the Debtor.

    Should the debtor seek to dispute your claim, we have an experienced team of lawyers in our Commercial Litigation department who will be able to provide you with appropriate advice on how to take the matter forward and the costs involved in doing so.

    Contact Shalish Mehta in our Debt Recovery team on 01706 815 712 or 0161 624 6811, or email Shalish Mehta at Shalish.mehta@wrigleyclaydon.com.

     

  • Commercial litigation and intellectual property rights

    Commercial litigation and intellectual property rights

    The Supreme Court on 9 March 2016 dismissed an appeal by Trunki manufacturer Magmatic, which argued that a competitor product was breaching its intellectual property rights.

    In 2006 Mr Law appeared on BBC Two show Dragons’ Den, unsuccessfully seeking investment for his Trunki case. After he was rejected by the Dragons, he went on to sell more than two million of the suitcases in more than 60 countries.

    Magmatic had previously registered a Community-registered design for its Trunki suitcases which covers various colours but not surface decoration.

    Magmatic argued that PMS International’s Kiddee Cases, which are decorated to look like animals or insects, infringed the design rights of their Trunki suitcase.

    While the High Court had agreed with Magmatic in 2013, the Court of Appeal reversed that decision and found in favour of PMS International. The Supreme Court agreed with the Court of Appeal’s decision.

    Supreme Court Justice Lord Neuberger said Trunki was “both original and clever” and he said it “appears clear” the Kiddee Case had been conceived “as a result of seeing a Trunki and discovering that a discount model was not available”.

    But he said: “Unfortunately for Magmatic, however, this appeal is not concerned with an idea or an invention, but with a design.” The court said design law was based on the “overall impression created by a design”, which in Trunki’s case was “an animal with horns”. It said this was “significantly different from the impression made by the Kiddee Case, which were either an insect with antennae or an animal with ears”.

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimizing your liability.

    If you feel you have an intellectual property case and need some legal advice then please speak to our Shalish Mehta, our civil and commercial litigation solicitor in Oldham. Please call us on 0161 785 3534.
  • New advice from your consumer protection solicitors Oldham

    New advice from your consumer protection solicitors Oldham

    From 1 October 2015 new consumer protection measures have come into force under the Consumer Rights Act 2015.

    Anyone who buys faulty goods will now be entitled to a full refund for up to 30 days after the purchase. Previously consumers were only entitled to refunds for a “reasonable time”.

    Under the Act there is also now protection for people who buy digital content online, such as films and music. They will be entitled to a full refund, or a replacement, if the goods are faulty.

    People buying services, such as car repairs, will also have stronger rights. Under the new Act, providers who do not carry out the work with reasonable care, as agreed with the consumer, will be required to put things right or they may have to give some money back.

    If disputes occur, you will now be able to take your complaints to Alternative Dispute Resolution (ADR) providers, an example of which may be mediation. This is often a cheaper route than going through the courts. You can also refer your complaint to the Consumer Ombudsman, which is free to use.

    If you have bought faulty goods or received a poor service then Wrigley Claydon can help you obtain the result that you deserve. Please contact a consumer protection solicitor in our litigation team on 0161 624 6811 or use our contact form to outline your query and we will get back to you.
  • New law: Smoking in cars

    New law: Smoking in cars

    As of 1st October 2015, a new law around smoking in cars came into play. It is now illegal to smoke in a private vehicle with anyone under 18 present.

    The new legislation from the Department of Health aims to protect children from the effects of second-hand smoke.

    The rule applies to all private vehicles that are fully or partially covered by a roof. The only exceptions to the rule are in convertible vehicles where the roof is fully retracted or when the driver is 17 years old and travelling and smoking alone in their own vehicle.

    The rule does not solely apply to the driver: if any passenger is smoking in car with someone under 18 years of age present, both the perpetrator AND the driver could face prosecution. It is the driver’s responsibility to stop their passengers smoking with a minor in the vehicle.

    The penalties faced by those committing the new offence are a fixed penalty notice of £50, or at the discretion of the enforcement officer, a court referral.

    The rules apply to motor homes, camper vans and caravans when they are being used as a vehicle but don’t apply when they are being used as living accommodation. Work vehicles and public transport are already covered by smoke free legislation.

    Find out more at www.gov.uk or watch this official animated video for the basic facts:

    <iframe width=”560″ height=”315″ src=”https://www.youtube.com/embed/5jB9zSTlvwY” frameborder=”0″ allowfullscreen></iframe>