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Guides By Topic: TMT & Sourcing

  • Directors' statutory duties to the environment

    This guide is based on UK law. It was written and last reviewed in January 2010. The Companies Act 2006 introduced a new duty on directors to "have regard to [among other things] the impact of the...

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  • The sub judice rule and contempt of court

    The sub judice rule regulates the publication of matters which are under consideration by the court.

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  • 1-800 Flowers v Phonenames

    The Claimant tried to register an alpha-numeric telephone number as a service mark. The Court found, as one of the grounds for refusing the registration, that the mark did not have the requisite capacity to distinguish, since it was no more than an encoded...

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  • Spectrum v MCI Worldcom

    An application for specific performance was granted in circumstances where a large telecommunications company breaches a contract with a small reseller, on the basis that since the small company's business depended upon the contract, it was appropriate...

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  • Rubicon v United Paints

    The Court of Appeal held that a contract to supply an IT system was breached by installing a time-lock device in that system, on the ground of breach of the warranty to give quiet possession.

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  • Sony v Tesco

    Sony obtained an injunction preventing Tesco from importing Playstations from France. Granting the injunction, the judge applied European case law relating to intra-Community parallel imports of pharmaceutical products to the IT industry.

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  • Harbinger v GE Information Services

    The Court of Appeal gave guidance on the meaning of "in perpetuity": where a contract provides for the continuation of such an obligation "in perpetuity", the words must be given their ordinary meaning and thus the obligation continues after the contract...

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  • London Underground v Citylink

    The TCC endorsed the Scottish case of Doyle v Laing in respect of global claims. Where a global claim is presented and it can be shown that some of the events that caused loss were not the responsibility of the employer, this does not necessarily mean...

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  • Regina v Graham Waddon

    The court considered the question of “publication” on the internet in the context of the Obscene Publications Act and held that this could occur more than once. Publication occurred when images were uploaded on to the web site by the website contributors...

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  • MBNA v Freeman

    MBNA claimed that Mr Freeman was infringing its registered trade mark by using the domain www.mbna.co.uk. The Court decided to hold a full trial to decide the issue, and ordered that Mr Freeman must not sell the domain in the meantime.

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