Category Archives: Business disputes

8th August 2021
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Nando’s v Fernando’s – How to avoid a branding nightmare as a new start-up

Case Study: Nando’s v Fernando’s – How to avoid a branding nightmare as a new start-up

By | Business disputes, Intellectual Property, Small Business, Start Up, Trade Mark | No Comments

This dispute hit the headlines back in 2018 and is a classic example of a situation I have come across many times – a start up business using similar branding to a famous competitor and then being threatened with trade mark infringement.

The start-up feels like they’re being bullied into a rebrand and the famous brand feels the backlash and negative PR from being accused of throwing their weight around.

So, who’s in the right and who’s in the wrong and what lessons can be learnt from a situation like this?

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8th August 2021
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Supermac’s v McDonald’s – How a small business can stand up for their rights and not be bullied into rebranding

Case Study: Supermac’s v McDonald’s – How a small business can stand up for their rights and not be bullied into rebranding

By | Business disputes, Intellectual Property, Small Business, Trade Mark | No Comments

This was a great example of how, with a little bit of knowledge, a small business can stand up for their rights and not be bullied into rebranding.

In this case study, I’m going to explain how Supermac’s achieved this against the might of McDonald’s and how the fast food giant ended up losing one of their “Big Mac” trade marks in the process.

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20th April 2020
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Are contrapreneurs breaking the law?

Are the contrapreneurs actually breaking the law?

By | Business disputes, Small Business, Start Up | No Comments

In my previous article, “In defence of the contrapreneurs”, I looked at the dangers of the contrapreneur exposé videos. I highlighted the fact that some of the business celebrities trying to bring these contrapreneurs to justice were distributing just as much false and misleading information as the contrapreneurs themselves.

I have another issue with them too.

Many of the exposé videos I have seen are so focused on their moral quest that they fail to answer two very important questions:

  1. Are these contrapreneurs actually breaking the law? And
  2. If they are, what can you do about it?

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16th April 2020
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In defence of the contrapreneurs

By | Business disputes, Small Business, Start Up | No Comments

Like many people, my LinkedIn feed seems to be full people claiming to be experts in a whole host of subjects. When I watch YouTube, every other ad seems to be from these self-proclaimed “experts” telling me how easy it is to make money and become a millionaire by following their simple formula.

Most of the time I keep on scrolling, but occasionally, something catches my eye. When I stop and look it’s shocking to see the techniques they’re using to lure people to their events, sell their courses and convince them to join their mastermind groups. Read More

22nd February 2016
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The Royal Courts of Justice, London. The Law Courts, The Royal Courts of Justice houses the High Court and Court of Appeal of England and Wales.

Case Study: Silence does not amount to acceptance of an offer so no legally binding contract was in place

By | Business disputes, Contract law, Small Business, Terms of business | No Comments

This is a case study of a contractual dispute in which I was representing the claimant, John. The facts are true but names have been changed to protect client confidentiality.

Summary:

An offer must be formally accepted before a legally binding contract can exist. Offers cannot be accepted by silence. If you do not have a legally binding contract and a dispute arises, you are unlikely to be able to reclaim any money owed to you. Read More

22nd February 2016
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how to terminate a contract without being sued

How to terminate a contract without being sued

By | Business disputes, Contract law, Small Business | No Comments

When you enter into a contract with a client, you’re entering into a legally binding agreement. In an ideal world, the contract will run its natural course and come to an end when, for example, the project is complete and you’ve been paid.

However, sometimes circumstances change and you may want to terminate the contract early. So, if you want to avoid being sued for breach of contract, you must do this legally. Read More