Wrigley Claydon Solicitors

Category: News

  • 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.
  • Domestic abuse, legal aid and The Archers

    Domestic abuse, legal aid and The Archers

    There has been much talk in the media lately about the story line in the BBC Radio 4 soap “The Archers” featuring the relationship between Helen and Rob Titchener.

    Over a prolonged period of time (around two years) the story line has shown Rob becoming ever more controlling and abusive towards Helen, without progressing to any physical violence, but affecting Helen’s mental health. This culminated in a violent struggle between the two after Helen had told Rob she intended to leave him and listeners were aghast at learning that this struggle had ended with Rob being stabbed, though he survived the ordeal.

    There has been a range of responses to the story line, but generally praise from charities associated with victims of abuse, who draw attention to the fact that for many sufferers the option to leave or “walk away” is either incredibly hard or often just impossible. They can feel completely isolated and of course the abuser has generally worked hard to diminish the victims ability to feel they have any control at all about the situation.

    It is perhaps no coincidence that calls to the National Domestic Abuse Helpline have increased by 20% in the 12 months to February 2016.

    The story features fictional characters but judging by the responses highlighted in the media it has clearly struck a chord with many real victims and survivors.

    Wrigley Claydon offers a sympathetic, understanding and reassuring voice to any clients affected by this situation. Anyone who feels the need to seek legal advice should contact our Family Law team on 0161 624 6811 / 01706 815 712 or email ab@wrigleyclaydon.com.

    Please note also that as a result of a recent Court of Appeal decision the legal aid requirement for any evidence of domestic abuse to have taken place within the last 24 months has been removed pending further regulations being put in place by the Ministry of Justice.

    Useful numbers:

    The National Domestic Violence Helpline – 0808 2000 247

    The Mens Advice Line (available for male sufferers) – 0808 801 0327

    Broken Rainbow UK Helpline (for lesbian, gay, bisexual and transgender sufferers) – 0300 999 5428 (local rate)

    Respect Phoneline (for perpetrators who wish to stop) – 0808 802 4040

  • 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.

     

  • Lasting Powers of Attorney solicitor Oldham

    Lasting Powers of Attorney solicitor Oldham

    What is a Lasting Power of Attorney?

    A legal document that allows you to choose someone (an attorney) to make decisions on your behalf. There are two types of Lasting Power of Attorney (LPA):

    Personal Welfare

    Your Attorneys can make the decisions you make on a daily basis regarding your personal welfare. This can include your diet, what medical treatment you receive or where you live. This type of LPA can only be used by your Attorney when you can no longer make these decisions for yourself.

    Property and Affairs

    Your Attorneys can make decisions about your property and finances. This can include accessing your bank or building society accounts, managing your finances or selling your property. You can decide whether your Attorneys make decisions whenever you want or only in situations when you lack capacity.

    Why should I create a LPA?

    You may wish to prepare for the future. For a time when, because of mental or physical difficulties, you are not able to manage your own affairs. You may travel abroad a lot and need someone to manage your affairs whilst you are away, you could be in an accident and someone may need to access your bank account to pay for your care, you may have strong views about the medical treatment you receive – if you lose capacity who would express these views for you? A LPA gives you peace of mind that your affairs are in order and it is you that has decided who will make those decisions for you, a LPA is like an insurance policy, invaluable should the need arise.

    Who can make a LPA?

    Anyone aged 18 or over, with the mental capacity to do so.

    What happens if I don’t make a LPA?

    Nobody has the power to make decisions on your behalf. If you lose mental capacity then someone (usually a loved one) would have to apply to the Court for an Order to make decisions on your behalf (called a Deputyship Order). It is very costly and usually takes the Court six months to reach a decision, sometimes this is too late.

    To complete a Lasting Power of Attorney or to discuss this further, please contact our Wills, Trusts and Probate team on 0161 624 6811 or email Rachel Damianou.
  • Stamp duty changes for additional properties

    Stamp duty changes for additional properties

    From 1st April 2016, there will be a higher rate of stamp duty payable by those who purchase a buy to let property or second home.

    The higher rate of tax applies to properties above the price of £40,000.00 and will be in the sum of 3%. This additional tax is payable on the full purchase price of the property.  The new tax band is in addition to the normal stamp duty rate.

    If the property you are purchasing is to replace your main residence, which is also on the market to be sold, then the higher rate of stamp duty will not apply, however if your main residence has not sold at the time you complete the purchase of the new additional home then you will have to pay the higher rate. A refund will be made if the previous main residence is sold within 18 months.

    Buyers must inform their solicitor if the property they are purchasing will be an additional property. If the they do not disclose this information it is tantamount to fraud and the buyer will be liable to pay a penalty which could be a lot more than the additional 3% stamp duty.

    For more information about the new higher rate of stamp duty please read the full guide on the gov.uk website. If you have, or are looking to grow, a buy-to-let portfolio or purchase a second home, please contact us for some initial advice. We would be happy to act as your conveyancing solicitors during the purchasing process.

    Please contact our conveyancing team who offer a nationwide service and can help you purchase a property anywhere in the UK: Uzma Begum, Oldham office, 0161 624 6811, ub@wrigleyclaydon.com OR Colette Stephens, Todmorden office, 01706 815 712, cms@wrigleyclaydontod.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.
  • Life Stories – a new opera by Tim Benjamin

    Life Stories – a new opera by Tim Benjamin

    Antony Brannick, Family Law specialist at our Todmorden office is at it again…

    Following the recent hugely successful staging of Handel’s Messiah in aid of the Calderdale flood relief efforts, musical director of Todmorden Choral Society Antony isn’t resting on his laurels; he’s straight onto his next performance.

    Three centuries apart, two lives and two deaths: lives lived well or lives wasted?

    Antony is conducting Life Stories, an opera by Tim Benjamin, consisting of two one-act operas each with a solo singer and a small orchestral ensemble. The next and final performance of the current tour takes place at the Little Theatre in Hebden Bridge on Friday 4thMarch at 7:30pm. Tickets are £12.

    Antony has worked with Tim for the last three years on operas including Emily in 2013 and Madam X in 2014. Life Stories was premiered at the Royal Northern College of Music in Manchester last summer and an initial short tour took in Preston, Halifax Square Chapel and Todmorden Hippodrome. The current tour has had productions in Salford Arts Theatre and The Junction, Goole.

    A recording has also been made of the operas following a very long day at the 80 Hertz studios at The Sharp Project, Manchester which will be available soon.

    Life Stories are two excellent pieces and the two soloists James Fisher and Taylor Wilson are superb in their respective roles. Critical reviews have praised the music, staging and performance and, of course, the acting.

    For more information please visit radiusopera.org/life-stories where you’ll find a link to ticket availability, photos, character information and reviews of this and other performances.