Bad Character Evidence in UK Law

  • Fee For Intervention: What Will It Cost?
    • Mondaq United Kingdom
    ... ... an unchallenged invoice under the Scheme amount to potential bad character evidence in the case of future enforcement action? How will potential ... ...
  • Fees For Intervention - A New Era For Regulation
    • Mondaq United Kingdom
    ... ... the danger that a company's FFI charge history could be used as evidence of previous "bad character" in criminal prosecutions, potentially ... ...
  • Bad Smells - An Actionable Nuisance?
    • Mondaq United Kingdom
    ... ... the standards of the average man with account being taken of the character of the neighbourhood and the duration of the interference.  More ... However, it is evidence that the Court will seek to uphold the private law rights of individuals ... ...
  • Still No Break For Nestlé As Court Of Appeal Rejects Kitkat Appeal
    • Mondaq UK
    ... ... é had failed to prove that the shape had acquired distinctive character.  ... The current chapter in the ongoing 'chocolate wars', discussed  ... Despite adducing evidence that the public recognised the shape as a KitKat, Nestlé failed to ... ...
  • Lidl v Tesco: An Own Goal For Lidl?
    • Mondaq UK
    ... ... goods at low prices ... Considering that direct evidence of change to consumer's ... behaviour can be difficult to obtain, Smith J ... In considering whether the Wordless Mark had distinctive ... character, the Judge determined that evidence of consumer confusion ... between ... ...
  • Road To Refusal For Land Rover Shape Trade Marks
    • Mondaq UK
    ... ... of the shapes were found to be devoid of inherent distinctive character for (land-based) vehicles ... The fact that the vehicles look ... For the remaining goods, the Hearing Officer found no evidence that the shapes had, per s.3(1)(d), become customary in the bona fide and ... ...
  • Every Lidl Helps ' Lidl Wins High Court Case Against Tesco On The "Clubcard Prices" Logo
    • Mondaq UK
    ... ... the public linked the marks based on evidence of both origin ... and price match confusion/association by the public and ... Mark on grounds of non-use and lack of distinctive character was ... dismissed, save for a specific subset of goods or services for ... ...
  • Lidl v Tesco ' Fight Of The Supermarket Giants
    • Mondaq UK
    ... ... Clubcard sign would be detrimental to the distinctive character of ... Lidl's marks, diluting the ability of the marks to identify ... on as evidence of 'evergreening' whereby new applications ... for an identical mark are ... ...
  • Lock Horror: Safe Skies Fails To Unpick 'TSA Lock' Trade Mark
    • Mondaq UK
    ... ... But none of us was faced with the situation as to what evidence their client was able to provide, the degree of effort the client allowed ... on absolute grounds that the mark was: devoid of distinctive character, descriptive, common in the trade, likely to deceive the public (as to ... ...
  • Throwing The Kitchen Sink At Will Disputes - Knowing When To Quit: Nutt & Nutt v Nutt
    • Mondaq UK
    ... ... Both had given evidence in their witness statements that they had seen Mrs Nutt date the Will but ... what the Judge described as 'a comprehensive attack on Colin's character' describing him as dominating and domineering. But the evidence fell short ... ...
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