I find it very strange that a trade-mark can have any kind of legal standing as a corporation or other legal entity. It’s surely just an asset, owned by a corporation, trust or living man or woman. Or am I missing something here?
You will not “see” whether equity is applied, the owners is upon you to advocate and show the court why it should be applied.
May I suggest the following route .
Quote Senior courts act 1981 section 49:
“Concurrent administration of law and equity.
(1)Subject to the provisions of this or any other Act, every court exercising jurisdiction in England or Wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
“
As you correctly state your case is rather unique in so far as you are actually a journalist that makes a living from writing and I have a feeling that the case may turn upon this point with guards to the issue of the reasonableness of charges for your services and whether your position is one that is genuinely held.
You are the man for the moment.
Good luck!
Positive Vibes going your way!! ;-)
I find it very strange that a trade-mark can have any kind of legal standing as a corporation or other legal entity. It’s surely just an asset, owned by a corporation, trust or living man or woman. Or am I missing something here?
You will not “see” whether equity is applied, the owners is upon you to advocate and show the court why it should be applied.
May I suggest the following route .
Quote Senior courts act 1981 section 49:
“Concurrent administration of law and equity.
(1)Subject to the provisions of this or any other Act, every court exercising jurisdiction in England or Wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
“
As you correctly state your case is rather unique in so far as you are actually a journalist that makes a living from writing and I have a feeling that the case may turn upon this point with guards to the issue of the reasonableness of charges for your services and whether your position is one that is genuinely held.