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NAME AND SHAME POLICY⚠️

How do we kick racism out all football ❓
Why has English football not addressed Racism in football from the Grassroots through to Elite levels❓

Why are there groups of old white men controling football at every level❓

STOLEN PROPERTY
Stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data or Names it’s still stealing‼️♟

PASSING OFF ‼️
In a previous article our passing off solicitors looked at the “classic” passing off claim, which involves a three part test a claimant must satisfy in order to make a successful claim. Case law over the years has expanded and enhanced upon the concept of “classic” passing off and in this article we look at those developments in further detail by focussing on what is often referred to as “extended passing off”.

Extended passing off

The concept of an extended form of passing off developed in response to claims being brought where a number of stakeholders sought to protect the collective goodwill in their products. While “classic” passing off requires three elements to be proven, claimants seeking to prove a claim of extended passing off must address five. The five elements claimants must prove, as articulated by Lord Diplock in the Advocaat case, are:

A misrepresentation has been made;
The misrepresentation was made by a trader in the course of trade;
The misrepresentation was made to customers (actual or prospective);
The conduct was intended to injure or harm the goodwill or business of a competitor;
The claimant’s goodwill or business was actually harmed by the trader’s conduct.
Unlike classic passing off, extended passing off claims require a claimant to prove that their brand is a clearly defined product, distinct from anything similar. A familiar example is the “Bollinger” case, (J Bollinger SA v Costa Brava Wine Co Ltd [1960] Ch 262), where the Court restrained a product from being sold as “Spanish champagne”. The action was brought by Champagne manufacturers to protect their product from competing products that had not been manufactured in the Champagne region. The principle of “collective goodwill” flowed from this case and is now an important part for any claim made for extended passing off. From Bollinger, the Court now considers any group of traders who produce a product under a particular mark as having a collective interest in protecting the goodwill associated with that product.

While extended passing off claims may only apply to a select group, the development of extended passing off shows how common law has been influenced by the types of claims considered by the courts. Understanding the difference between the types of passing off is critical in being familiar with the rights that you have arising from your interests in a product or business and ensuring that those rights are asserted accurately and successfully‼️

Definition of bullying
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Bullying is an ongoing and deliberate misuse of power in relationships through repeated verbal, physical and/or social behaviour that intends to cause physical, social and/or psychological harm. It can involve an individual or a group misusing their power, or perceived power, over one or more persons who feel unable to stop it from happening.

Bullying can happen in person or online, via various digital platforms and devices and it can be obvious (overt) or hidden (covert). Bullying behaviour is repeated, or has the potential to be repeated, over time (for example, through sharing of digital records).

Bullying of any form or for any reason can have immediate, medium and long-term effects on those involved, including bystanders.

Single incidents and conflict or fights between equals, whether in person or online, are not defined as bullying.