Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be displayed in colour. Moreover, broader protection can typically be secured in Canada by registering design (or figurative) marks in black and white as opposed to including a colour claim.
On January 14, 2021, the U.S. Supreme Court held in
City of Chicago v. Fulton, 592 U.S. (2021), that a creditor in possession of a debtor s property does not violate the automatic stay, specifically section 362(a)(3) of the Bankruptcy Code, by retaining the property after the filing of a bankruptcy petition. The Court s decision provides important guidance to bankruptcy courts, practitioners, and parties on the scope of the automatic stay s requirements.
Fulton arose from four separate bankruptcy cases. In each case, the City of Chicago ( City ) had impounded the debtor s vehicle due to the debtor s failure to pay fines for motor vehicle infractions. Each debtor filed a chapter 13 bankruptcy petition and requested that the vehicle be returned. When the City refused, the bankruptcy court sanctioned the City for violating the automatic stay. In a consolidated appeal of the four cases, the Seventh Circuit affirmed, reasoning that the City had acted to exercise control over proper
In
B v Erinvale, the Royal Court intervened to set aside a decision of the trustee not to make the spouse of the settlor a beneficiary in her own right. The court s decision has implications for trustees and their obligation to act reasonably despite the trustee setting out reasons for its original decision.
Summary
This case concerned an application made by B under Article 51 of the Trusts (Jersey) Law 1984 to be added as a beneficiary of the A Settlement in her own right. B was already a beneficiary of the A Settlement in her capacity as the spouse of the settlor. However, the settlor was in ill health and had issued divorce proceedings, such that B had become concerned about her status as a beneficiary. The trustee had previously resolved not to add B as a beneficiary in her own right and had set out its reasons for not doing so in a detailed minute. However, the Royal Court found that despite the detailed and carefully considered minute, the decision ultimately reached by the
Salam Air SAOC v Latam Airlines Group SA ([2020] EWHC 2414 (Comm)), the Commercial Court:
dismissed Salam Air s application for an injunction against Latam, which sought to prevent Latam making a demand for payment under three letters of credit issued in its favour; and
rejected Salam Air s argument that the COVID-19 pandemic had frustrated the underlying aircraft leases.
Facts
In 2017 Salam Air accepted a delivery of three aircraft from Latam, which were leased to it pursuant to operating lease agreements governed by English law and which it intended to operate from Muscat International Airport, Oman. Each aircraft lease agreement had a six-year term and contained customary dry lease provisions – significantly, a hell or high water obligation to pay rent.
Introduction
Following its exit from the European Union, a key aspect of the United Kingdom s trade policy has been to conclude free trade agreements (FTAs) with other countries and trading blocs (for further details please see Back to basics: free trade agreements ).
To that end, the United Kingdom has been negotiating roll over FTAs to replace the European Union ones.
(1) This includes the most significant of the United Kingdom s FTAs, the Trade and Cooperation Agreement (TCA), which was concluded with the European Union on 24 December 2020.
A clear benefit of an FTA is the ability for businesses to make use of preferential tariff treatment (ie, reduced or zero tariffs and quotas) when shipping their products between parties to the FTA.