Archive: February 2023

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Beware sole and exclusive remedies clauses when seeking to terminate a contract

February 28, 2023

The recent case of James Kemball Ltd v. "K" Line (Europe) Ltd [2022] EWHC 2239 (Comm) serves as a useful reminder to give careful consideration to the effect of so-called “sole and exclusive remedies” clauses contained in contracts before purporting to terminate them.

Hermès succeeds in enforcing trade mark rights in NFT dispute

February 20, 2023

On February 8, 2023, a jury found Rothschild liable for trademark infringement, trademark dilution and cybersquatting based on Rothschild’s use of the Birkin mark to promote and sell the MetaBirkins NFTs.

Privilege, privacy and confidentiality; unlike confidentiality, reasonable expectation of privacy is not a precursor to privilege

February 08, 2023

The Commercial Court in Jinxin Inc v Aser Media Pte Ltd and others & Others has ruled that an employer’s right to monitor and access private information of an employee held on its systems does not extend to a loss of confidentiality in those documents, and therefore a loss of privilege, as against the employer.