LAWYER MONTHLY©2024 Universal Media Limited Lawyer Monthly is published by Universal Media Limited and is available on general subscription. Readership and circulation information can be found at: www.lawyer-monthly.com. The views expressed in the articles within Lawyer Monthly are the contributors’ own. All rights reserved. Material contained within this publication is not to be reproduced in whole or in part without prior permission. Permission may only be given in written form by the management board of Universal Media Limited. Approx. 302,000 net digital distribution. JULY 2024 Welcome to this month’s compelling edition of Lawyer Monthly, where we delve into some of the most riveting and consequential aspects of legal practice today. In this issue, we spotlight the "Top 5 Trademark Disputes of All Time," exploring cases that have set precedents, shaped legal frameworks, and captured public imagination. These disputes underline not only the complexities inherent in trademark law but also the evolving nature of intellectual property in a global marketplace. Whether you’re a seasoned IP lawyer or a law student, the insights from these landmark cases promise to enrich your understanding of the field. Continuing with our theme of expertise, we bring you exclusive interviews with leaders in executive coaching and expert witnesses. These conversations shed light on the pivotal roles these professionals play in legal outcomes and the broader implications of their contributions. Discover first hand how executive coaching is reshaping leadership within law firms and how expert witnesses are refining case strategies and influencing juries. Additionally, we offer the latest coverage of mergers and acquisitions. The dynamic world of M&A is constantly evolving, and our in-depth analysis provides you with the latest trends, deals, and predictions. This section is indispensable for practitioners and analysts alike, offering crucial updates that impact global markets and local practices. We are excited to bring you a diverse set of articles and features tailored to enrich your practice and broaden your perspective on the law. As always, we hope to inform, inspire, and engage. Thank you for joining us on another journey through the fascinating world of legal expertise. Enjoy the read! Warm regards, Mark Palmer Editor, Lawyer Monthly Rakesh Bhardwaj A Leading Consultant General and Colorectal Surgeon Leigh Bailey The Benefits of Executive Coaching within the Legal Sector 14 10
Production Team: Emma Tansey, Luke Ostle production@lawyer-monthly.com Sales Enquires: Jacob Mallinder Jacob.mallinder@universalmedia365.com @lawyermonthly @LawyerMonthly @lawyermonthly company/lawyer-monthly Universal Media Limited, PO Box 17858, Tamworth, B77 9QG, United Kingdom 0044 (0) 1543 255 537 CONTENTS AN INTERVIEW WITH... 10. Leigh Bailey The Benefits of Executive Coaching within the Legal Sector 14. Rakesh Bhardwaj A Leading Consultant General and Colorectal Surgeon 4. US Federal Judge Uses ChatGPT in Appeal Case 6. Julian Assange’s Journey Home 7. Justin Timberlake Charged on DUI 8. Manchester City to Launch A Legal Case Against the Premier League SPECIAL FEATURES 18. Top 5 Trademark Disputes of All Time 22. How To Legally Handle Accidents During Seasonal Activities - NEWS - Andreas Eustacchio, EUSTACCHIO Rechtsanwälte Austrian-Italian Joint Venture of Energy and Königskreuz 28 TRANSACTIONS 28. Austrian-Italian Joint Venture of Energy and Königskreuz 32. SEDIF’s Award of the Largest Water Concession in France 36. Trail’s Acquisition of a Group of Companies to Create AresMMA 40. Entaco Ltd.’s MBO 42. Groupe SOCOMORE Acquires Microset
4 LAWYER MONTHLY JULY 2024 Snell v. United Specialty Insurance Company, 11th U.S. Circuit Court of Appeals, No. 22-12581. U.S. Appeals Judge Kevin Newsom of the 11th U.S. Circuit Court of Appeals wrote in Snell v. United Specialty Insurance Co. a concurring opinion whose express purpose was to offer ideas about how judges might use generative AI. Throughout a 32-page opinion, Newsom elucidates his decision-making process by detailing his utilization of ChatGPT and other expansive language model products. US Federal Judge Uses ChatGPT in Appeal Case NEWS An Eleventh Circuit judge explained why he used generative AI to develop his arguments in a recent case.
NEWS 5 An insurance company declined coverage for its policyholder, a landscaper, in a negligence claim involving the installation of an inground trampoline. The main issue on appeal was determining if installing a trampoline falls under the definition of “landscaping” as outlined in the policy. However, he mentioned that the altercation led him to contemplate the potential advantages of utilizing generative AI programs such as OpenAI’s ChatGPT, Google’s Gemini, and Anthropic’s Claude in assisting courts with interpreting the ordinary meaning of words in documents like insurance contracts. Newsom said he spent hours researching how “landscaping” is ordinarily understood, and that in a “fit of frustration” after consulting dictionaries, he tasked a clerk with asking ChatGPT just that. The resulting definition was sensible and “less nutty than I had feared,” prompting Newsom to then ask ChatGPT if installing an in-ground trampoline was “landscaping.” ChatGPT responded yes. “Landscaping involves altering the visible features of an outdoor area for aesthetic or practical purposes, and adding an in-ground trampoline would modify the appearance and function of the space,” ChatGPT said. Newsom said he “wholeheartedly” agreed with Chief U.S. Supreme Court Justice John Roberts’ assessment in his report on 31st December that the use of AI in the legal profession requires “caution and humility.” “Importantly, though, I also agree with what I take to be the report’s assumption that AI is here to stay,” Newsom wrote. Now, it seems to me, is the time to figure out how to use it profitably and responsibly.” The viewpoint was expressed as courts nationwide deal with the swift emergence of AI programs and consider whether regulations should be implemented on their usage by legal professionals. Importantly, though, I also agree with what I take to be the report’s assumption that AI is here to stay. Now, it seems to me, is the time to figure out how to use it profitably and responsibly.
6 LAWYER MONTHLY JULY 2024 Julian Assange’s case has been in debate at the UK High Court and the US department of Justice for some time now. Finally, with an agreement in principle with the DoJ, Assange has began his journey home to Australia. Julian Assange’s Journey Home Assange has been fighting extradition to the US and finally he has been allowed to move on with his life, the journalistic freedoms being debated since his arrest. The Agreement in Principle Julia Assange has served 5 years in a UK prison and this time will be credited excusing him from spending any extra time in a US prison. He will plead guilty to one charge, in relation to violating the Espionage act. Assange was flown to Bangkok where the aircraft refuelled before beginning the journey to the Mariana Islands where a judge will sign off on the agreement. Assange has distrust with the US and would not voluntarily return to the continental USA, explaining the choice for the Mariana Island, a US territory in the south Pacific. When the agreement has been signed off they expect Julian Assange to return home to Australia where his wife and two children currently reside. NEWS Read this article and much more like this, online at: www.lawyer-monthly.com
NEWS 7 American singer, songwriter, and actor, Justin Timberlake has been charged with drink-driving authorities have said. Justin Timberlake Charged on DUI Timberlake was taken into custody in the early hours of Tuesday for allegedly driving under the influence on Long Island, New York, after having dinner with friends at a nearby restaurant. Following his arraignment on Tuesday in Sag Harbor, located on the eastern tip of Long Island, Timberlake was released from detention later that morning. The Suffolk County district attorney’s office disclosed that he faces one count of DWI, and his upcoming court appearance is set for July 26. Timberlake has since been charged with drink-driving authorities have said. The “SexyBack” and “Can’t Stop the Feeling!” singer has won 10 Grammy awards and four Primetime Emmy Awards. Timberlake made headlines last year when former partner Britney Jessica Biel and Justin Timberlake at the 89th Annual Academy Awards held at the Hollywood and Highland Center in Hollywood, USA. Spears published her memoir, “The Woman in Me,” which featured numerous chapters dedicated to their relationship. The book revealed intimate details about a pregnancy, abortion, and their difficult breakup. In March, Timberlake released his longawaited sixth studio album, “Everything I Thought It Was,” Timberlake is set to perform at the United Center, Chicago for two shows, one on Friday and another on Saturday. Following that, he has a scheduled appearance at New York’s Madison Square Garden next week, specifically on Tuesday and Wednesday. Timberlake is married to actor Jessica Biel, with whom he has two children with. The Hamptons, located in the East End of Long Island, encompass the towns of Southampton and East Hampton, forming the South Fork of Long Island in Suffolk County, New York. This area is renowned as a sought-after seaside destination and a significant historical summer retreat in the northeastern United States. NEWS Also Read: The Legal Consequences of Getting a DUI, online at: www.lawyer-monthly.com
8 LAWYER MONTHLY JULY 2024 In the shadow of their looming 115 charges for financial breaches of the Premier League’s rules, Manchester City have launched a legal case against the Premier League’s commercial rules. There had been reports as early as February that the Premier League may face legal action for a tightening of the rules on associated party transactions (APT). An arbitration hearing has been set for 10-21 June and it appears that the action is centred on whether this rule change was fair or compatible with the Premier League. APT is a mechanism that allows club owners to sponsor their teams through their other businesses. This allows the club more revenue to spend, making it easier to comply with the Premier League’s Profit and Sustainability Rules (PSR), which have plagued the league this year with Nottingham Forest and Everton being punished with points deductions for not complying. What does this mean? Whilst Manchester City may have a case in terms of their rivals attempting to stifle their success, it’s hard to look at this without cynicism. American singer, songwriter, and actor, Justin Timberlake has been charged with drink-driving authorities have said. Manchester City to Launch A Legal Case Against the Premier League NEWS
NEWS 9 Also Read this related article: Manchester City’s legal battle continues, online at: www.lawyer-monthly.com not the breaches themselves. Especially as some of the charges faced are related to sponsorships paid to Man City by Abu Dhabi. With these charges looming over the club, and now a case against the Premier League, it means the club is looking at a summer bogged down in a quagmire of legal cases that may, unfortunately, overshadow their record-breaking performance on the pitch. The Times, external reported that as part of the 165-page legal document, Manchester City claim to be victims of “discrimination”. They argue that the rules were approved by rivals to “stifle” their success, and call it “a tyranny of the majority”. The club have won four consecutive premier leagues making English football history in doing so, and they look far from fading away currently. Whilst Manchester City may have a case in terms of their rivals attempting to stifle their success, it’s hard to look at this without cynicism. The club is alleged to have broken the Financial Fair Play (FFP) rules of the premier league with an alleged 115 breaches. Some will look at this as a pointed effort to imply that it was the rules that were a problem and Some of the charges faced are related to sponsorships paid to Man City by Abu Dhabi.
10 LAWYER MONTHLY JULY 2024 Leigh H. Bailey CEO & Founder The Bailey Group lbailey@thebaileygroup.com Tel: 612-327-4030 www.TheBaileyGroup.com
Leigh Bailey I have a B.S. in Mathematics with a Minor in Economics. My master’s degree is in Human Development with an emphasis in Counselling in Organizational Psychology and my coaching certification from New Ventures West. What benefits does executive coaching provide to the legal sector, specifically, private practice law firms? Few lawyers are trained to be effective leaders. Yet, Managing Partners and Practice and Administrative leaders require sophisticated leadership skills. Executive coaching offers customized leadership development for leaders in law firms in four key areas of leadership competence: • Self-Mastery • Relationship Mastery • Results Mastery (working in the business) • Strategic Mastery (working on the business) Coaching is helpful in building a strong What is your professional background and education? My professional background started with 10 years in banking and finance. I was a front-line manager then transitioned to corporate Training and Development at Norwest Corporation focused on Sales and Management training. I observed that training could deliver information but not behaviour change. I was drawn to coaching because I wanted to make a difference in organizations and in leaders’ lives. I founded The Bailey Group 35 years ago. An Interview with... The Benefits of Executive Coaching within the Legal Sector I’m Leigh Bailey, the Visionary and Founder of The Bailey Group. I’m one of the most experienced executive coaches in the country, with an exceptional track record in guiding boards, CEOs, and executive teams toward peak performance. I’ve had the privilege of serving leaders across diverse sectors, including legal, technology, banking, financial services, insurance, advertising, marketing, healthcare, nonprofit, manufacturing, and beyond. WWW.LAWYER-MONTHLY.COM 11
team relationship between the Managing Partner and Chief Operating Officer. Benefits include enabling each to spend more time separately and together on achieving strategic goals (vs. spending time trouble shooting less important issues). Coaching is helpful in supporting Managing Partners to lead with courage, clarity and confidence A Managing Partner must take the lead in developing and communicating a clear and compelling future vision for the firm, aligning the Board and Practice Leaders to the vision, and holding the Board and Practice Leaders accountable for doing their part in execution. If the Managing Partner is more a politician than leader, he/she may be invested in pleasing firm partners rather than leading them. The result is weak decision making and poor strategy execution. Too often, law firms aspire to grow via M&A asking for more revenue production or leadership time from partners without executing on these objectives. An executive coach will assist the Managing Partner to lead with courage, overcome resistance to difficult decisions, and hold the Board and other key leaders accountable. Coaching is helpful in building a cohort of aligned leaders including the MP, COO, Practice Leaders, and the Board. Alignment on strategy and key priorities is necessary for firm success. Coaching helps leaders at all levels to communicate clearly, foster improved employee engagement, and drive operating and strategic execution. It also helps to avoid Managing Partner and COO burnout caused by feeling that they are carrying the entire weight of leadership for the firm How can good governance help law firm owners, Managing Partners, and COOs to make better decisions and how can this be done through coaching? Timely and effective decision making requires that owners, Managing Partners and COOs are clear about their authority and accountability for making decisions. Managing Partners often seek consensus from the Board and other stakeholders for decisions rather than seeking input, considering differing points of view, and then making decisions in a timely way. Coaches help key leaders to learn decision making processes that lead to decisions that others will commit to and be accountable for executing. Coaches also help Managing Partners discern when it is time to “call the question” and make decisions that they own and must make. Why is leadership coaching valuable for law firm partners and COOs? Success as a COO requires both strong management and strong leadership skills. COOs must lead a team of experienced executives that is capable of driving business results for the firm. At the same time, the COO must have leadership and influence skills which allow her to act as a peer with the Managing Partner, owners, and the Board. Coaching helps COOs understand their strengths and development opportunities as leaders and to use this insight to build more productive and impactful relationships with the Managing Partner, Board, owners and direct reports. What type of firms and people have you worked with and why did they hire you to provide executive coaching? Full-service business law firms. Clients have included Boards, Managing partners, COOs, Administrative Service leaders (e.g., Chief Marketing Officer and team, Chief Information Officer and team), Cohorts of Practice Leaders and Individual Partners. The most common reasons they hired us include coaching the Managing Partner and Managing Partner/COO team and strengthening the partnership between the Managing Partner and the Board. When you first start working with a new client, how is that relationship established and how do you determine the business challenges and opportunities for that client as well as organizational culture and dynamics to help the client develop effective action plans? The relationship begins with separate discussions with the person to be 12 LAWYER MONTHLY JULY 2024 Few lawyers are trained to be effective leaders.
coached and his/her leader regarding desired outcomes for coaching. Then the person being coached is interviewed regarding the expertise and demographics of a coach that he/she might prefer. Interviews with one or two potential coaches are set up with the person to be coached to allow him/her to select a best fit coach. A SOW is then prepared and signed which outlines desired outcomes and services to be provided. Most often the CHRO has been involved by this point and may be the person to sign the SOW. Once the SOW is signed, a threeway meeting with the coach, person to be coached and that person’s leader is held to align on expectations and then coaching begins. Are there different stages and or processes with executive coaching and how are these determined? There are four stages to executive coaching: Assessment, Development Plan Creation, Execution of the Plan, and Measurement. • Assessment includes both personality and 360° assessment using professional, reliable and valid assessments. • Development planning is first done with the coach and coachee and then shared with the coachee’s leader to assure alignment. • Plan execution involves on-going 1:1 meetings between the coach and coachee where issues are discussed, learning takes place, and new skills are practiced. • The Bailey Group has developed a proprietary measurement process which measures both satisfaction with and impact of the coaching. How do you manage your clients’ expectations? A list of expectations of the person to be coached and the coach are reviewed in the first session. These include expectations related to confidentiality, accountabilities, meeting cadence, scheduling and cancelling meetings, and other logistics. Is it possible to determine the results and successes of executive coaching and can you provide any examples of this? The Bailey Group has developed a proprietary system for measuring results of coaching. In addition, we use pre-andpost 360 assessment and customized surveys to assess impact. What are the biggest misconceptions about executive coaching? A common misconception is that the act of hiring a coach will somehow magically fix the “problem”. Behaviour change requires that the coach, the person being coached (i.e., the “coachee”), and the leader be clear, aligned and mutually accountable for achieving the coaching outcomes. A related misconception is that “confidentiality” means that the leader can’t be “in the loop” about the progress of the coaching. At The Bailey Group, our model includes on-going meetings, led by the coachee, with the coach, coachee, and the leader to maintain alignment and share feedback about progress (or lack thereof). Do you have a typical style or approach to executive coaching? Our approach emphasizes psychological safety, insight, challenging irrational or outdated beliefs, and being an accountability partner with the coachee for changing behaviour. Adults learn best when they feel it is safe to be vulnerable, authentic and to take risks. We use assessments to help coachees learn how they are perceived by others and to make sure their self-perception matches how others (their leader, peers and direct reports) see them. Changing behaviour requires recognizing and making conscious old habits and then intentionally choosing and practicing new behaviours. Coaches, to be effective, must be willing to respectfully challenge and hold coachees accountable when necessary. TheBaileyGroup.com WWW.LAWYER-MONTHLY.COM 13
Rakesh Bhardwaj An Interview with... A Leading Consultant General and Colorectal Surgeon 14 LAWYER MONTHLY JULY 2024 The role of the Consultant General and Colorectal surgeon expert witness extends to advising solicitors, insurers, and leading counsel on all aspects of causation and condition involving individuals suffering afflictions to the abdomen, particularly the lower part of their gastrointestinal system. As an expert in General and Colorectal surgeon Mr. Rakesh Bhardwaj trained at Bristol University (1988-1993) and undertook a Research Higher Degree in the field of Colorectal Surgery at University of London and was awarded an MD. He undertook Higher Specialist Training in London and South-East England. He completed his training with Specialist Surgical Fellowships at St Marks Hospital and with Ethicon Endosurgery. He is a Fellow of the Royal College of Surgeons of England and currently examines for the College. He developed an interest in Medical Law and recently obtained the award of LLM with a focus on clinical negligence. Although he deals with conditions of the abdomen and has extensive experience in elective and emergency abdominal surgery, his main interest is in the field of colorectal surgery. This includes diagnosis and treatments for colorectal cancer, inflammatory bowel disease, functional bowel disease and anorectal pathology. A medical expert plays a critical role in a clinical negligence case, providing key evidence and opinion that can make or break a case. These attributes will apply to a medical expert whatever type of case, from cancer misdiagnosis to a cosmetic procedure that’s gone wrong. Surgeon expert witnesses are medical professionals with extensive experience in surgical procedures. They are called upon to provide great insight in cases where surgical procedures, malpractice, or other healthcarerelated matters exist. Contact Details Email: lindsaymedicolegal@protonmail.com Tel: 07388 187231
Please introduce yourself to the readers of Lawyer Monthly and what is your professional background and education? My name is Rakesh Bhardwaj. I currently work in the NHS as a Consultant General and Colorectal Surgeon and have been in this position for fifteen years. I trained in medicine at Bristol University and graduated as a Bachelor of Medicine and a Bachelor of Surgery in 1993. I undertook by basic surgical training in Manchester and achieved admission as a Fellow of both the Royal College of Surgeons of England and Edinburgh in 1998. I then undertook a period of surgical research in colorectal surgery with the University of London and was awarded a higher degree by research, becoming a Doctor of Medicine. My Higher Specialist Surgical Training was undertaken in London and the Southeast of England and achieved entry to the Specialist Register along with an award of an FRCS in General Surgery. After this I undertook a specialist fellowship at St Mark’s Hospital. This was followed by a sponsored laparoscopic fellowship with Ethicon Endosurgery in Plymouth. I joined the staff at Darent Valley Hospital as a Consultant Surgeon in 2009. I am currently Lead Clinician in Colorectal Surgery. I have chaired the Colorectal Cancer Multidisciplinary Meeting for twelve years and recently became an Examiner for the Royal College of Surgeons of England. I have a mature medicolegal practice and in order to improve my practice I studied medical law and achieved in 2023 the award of LLM with an interest in medical negligence. I have published several articles in the Expert Witness Journal in the fields of Consent and Gross Negligence Manslaughter. What are your areas of expertise and professional experience as a General and Colorectal Consultant Surgeon? Most of my practice centres around the diagnosis and treatment of Colon and Rectal Cancer. However, I have I always had an interest in medical law. As I became more interested, I naturally fell into becoming an expert witness. I find it challenging but enormously rewarding.
extensive experience in inflammatory bowel disease and benign colorectal disorders. I also have a commitment to general abdominal conditions such as hernias. As part of my emergency surgical commitment, I undertake all forms of emergency abdominal surgery. How did you become an expert witness specialising in General and Colorectal Surgery? I always had an interest in medical law. As I became more interested, I naturally fell into becoming an expert witness. I find it challenging but enormously rewarding. I find it also very useful in my current working life as a surgeon to have such exposure. Most of my experience is self-taught, but I find the 16 LAWYER MONTHLY JULY 2024 support from medicolegal organisations very helpful. I try and keep up to date by attending medicolegal conferences and refreshing my skills with courses. Working towards legal deadlines with a current busy surgical practice keeps me very busy. What type of services do you provide? Most of my work consists of reports related to Medical Negligence. I accept instructions from Solicitors directly and Companies that are engaged by solicitors. I also work with NHS trusts and with NHS resolution. I thus conduct Screening, Breach of Duty, Causation and Condition and Prognosis Reports. I am happy to look at Medical Records alone or see patients directly in Harley Street, London or by video It is essential to provide a balanced opinion. I think clinical experience is essential but also understanding the nuances of modern medicine is vital.
consultations when appropriate. I have recently expanded my practice and now consult in Manchester. What types of organizations or cases have you provided services to or assisted and in which areas? I have provided services for NHS Resolution, UK expert Medical, e-medical, Doctors Chambers, Medreport, UK independent Medical, S K Medical Practice and Bodycare Clinics. I have assisted in the field of General and Colorectal Surgery. Specifically, I have dealt with the diagnosis and treatment of Colon and Rectal cancer and Emergency Surgical Conditions. I have also dealt with many Personal Injury cases causing abdominal injuries. What do you have to do as part of this role? I review medical records predominately and try and sift out the features that are salient to the legal instructions. I occasionally see patients in my chambers to assist in this process. What are the challenges with providing expert medico legal opinion on matters involving General and Colorectal Surgery? It is essential to provide a balanced opinion. I think clinical experience is essential but also understanding the nuances of modern medicine is vital. An academic background helps to provide supportive evidence. Ultimately, providing a sound opinion is the aim, and this can take considerable thought. Each case is unique. The working relationship between an expert and their instructing solicitor is a significant one. What are the challenges that experts face when working with instructing solicitors, and how do you overcome these? Communication is the key. All medicolegal work is about providing high quality reports within the terms that are agreed. I find it helpful to speak to the instructing solicitors sometimes get a deeper understanding of the instructions. Most instructing parties are understanding that medicolegal experts also have busy clinical commitments and are accommodating regarding looming deadlines. Time management is an essential skill. What is the most interesting case you have worked on? I find delays in cancer diagnosis specifically during the pandemic period some of the most interesting cases I have worked on. The pandemic created an extra-legal dimension to the cases. What do you consider the essential elements for a top-rated expert report? I find that the essential elements for medicolegal experts are discipline and organisation. I find that it is very useful to set aside protected peaceful time away from a busy clinical practice to write and more importantly think about what is required in each case. WWW.LAWYER-MONTHLY.COM 17 Mr Rakesh Bhardwaj MBChB (Bristol), FRCS (Eng), FRCS (Ed), MD (London), FRCS (Gen Surg), LLM
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McDonald’s recently lost an EU trademark fight which for now, ends a longrunning legal dispute between Irish chain Supermac’s and global fast food giant McDonald’s. Supermac’s, a small Irish takeaway chain, emerged victorious in a legal battle against McDonald’s regarding the Big Mac trademark. This success now allows Supermac’s to expand its presence by opening outlets throughout Europe. The ruling also means McDonald’s has lost the right to use the name “Big Mac” in the EU in relation to chicken burgers. A robust trademark acts as a representation of reliability, excellence, and substantial worth for a brand. Remaining watchful against possible trademark violations is crucial for any company aiming for sustained prosperity and expansion. Explore the profound influence that a robustly safeguarded trademark can have on the triumph of your business, both domestically and globally. SPECIAL FEATURE 19 Top 5 Trademark Disputes of All Time Lessons Learned from the Top 5 Cases of Trademark Infringement
In a well-known trademark dispute, Apple Inc., recognized for its iPhones and Mac computers, found itself in a legal battle with Apple Corps, a music company representing The Beatles. The conflict originated in 1978 when Apple Corps took legal action against Apple Inc. (then Apple Computer) for trademark infringement. This led to a resolution in 1981, where Apple Computer agreed not to engage in the music sector. Nevertheless, when Apple Inc. expanded into the music market with iTunes in 2003, Apple Corps initiated another lawsuit against them. The courts eventually sided with Apple Inc. in 2006, determining that there was no potential confusion between the two trademarks. In 2001, Starbucks filed a lawsuit against Sam Penix’s modest Oregon coffee shop Sambucks for alleged infringement. Starbucks contended that Sambucks’ name and logo bore striking similarities. Penix defended that “Sambucks” was simply a blend of her name and the term “bucks,” commonly associated with coffee. Additionally, her cheerful sun logo was distinct from Starbucks’ siren logo. Penix garnered support from the local community in response to the legal action. The dispute was resolved in 2003, with Penix opting to rebrand her shop with a new name and logo. Notably, she was not required to pay any damages. This case highlights the impact of trademarks on small enterprises and underscores the importance of conducting thorough searches prior to branding. Adidas, the renowned athletic apparel company, gained recognition for its distinctive three-stripe logo. In 2001, Adidas took legal action against Payless Shoes for selling shoes adorned with two and four stripes, alleging trademark infringement. Following an extended period of legal proceedings, Adidas emerged victorious in 2008, obtaining a substantial settlement of $305 million. This landmark outcome stands as one of the most substantial rewards ever granted in a trademark infringement lawsuit. Key Takeaway: It is crucial to vigorously safeguard your brand’s trademarks, as even slight modifications or imitations can tarnish your brand’s reputation and diminish the value of your intellectual property. 20 LAWYER MONTHLY JULY 2024 1 2 3 Apple Inc. vs. Apple Corps ‘The Conflict of the Apples’ Starbucks vs. Sambucks Coffee ‘Buck off’ Adidas vs. Payless Shoes ‘Three Stripes and Your Out’ Key Takeaway: It is crucial to establish clear boundaries between different industries when creating trademarks to prevent possible conflicts and misunderstandings. Key Takeaway: “We’re standing up for small business because corporate America is squeezing out the small businesses,” Buck said. “It’s real and it’s going to happen if we don’t do something.” Key Takeaway: The significant decrease in the profits calculation and punitive damages award by the court is remarkable for its critique of the plaintiff’s accounting approach towards the defendant’s profits, as well as its determination that punitive damages should be substantially lowered in cases where the harm is purely economic.
In a rather astonishing case of international trademark infringement, a South Korean fried chicken establishment recently faced a trademark dispute against renowned designer Louis Vuitton. The court ultimately sided with the designer, as they found the restaurant’s name, Louis Vuiton Dak, to be excessively similar to Louis Vuitton. Furthermore, the restaurant’s logo and packaging bore a striking resemblance to the designer’s iconic imagery. As a consequence, the restaurant was slapped with an additional fine of 14.5 million won for failing to comply with the court’s ruling. In an attempt to rectify the situation, the establishment promptly changed its name to LOUISVUI TONDAK. The Academy Awards took legal action against GoDaddy for allowing customers to purchase domains such as betacademyawards.com, 2011Oscars.com, academywardbuzz.com, academywards.net, oscarsredcarpet.com, and others. GoDaddy has been accused of enabling customers to park these websites and generate revenue through pay-per-click advertising. During the initial stages of the case, the Academy Awards presented evidence that 57 out of 293 registered domains were misleadingly similar to their trademarks. However, the judge ruled in favor of GoDaddy, stating that there was no malicious intent to profit. Furthermore, the judge emphasized that GoDaddy relied on its users’ representations and that their domain registrations did not infringe upon any trademarks. This case was significant in the realm of cybersquatting as the legal battle between the Academy Awards and GoDaddy spanned five years and incurred substantial costs. SPECIAL FEATURE 21 4 5 Louis Vuitton vs. Louis Vuiton Dak ‘Louis You, Louis Me’ Academy Awards vs. GoDaddy ‘Go Away’ Key Takeaway: Although the legal dispute was undeniably costly, it could be regarded as a significant precedent in the realm of cybersquatting. By taking a cue from GoDaddy’s situation, one can prevent similar vexing lawsuits by acknowledging that it is unreasonable to anticipate a third party to vigilantly protect your brand trademark. Key Takeaway: It is worth noting that numerous brands can avoid costly legal battles by refraining from closely imitating another brand, even if their products and distribution channels are entirely unrelated.
Just recently, three people unfortunately died, while five were left injured after a boat collision in Ontario, Canada. And with summer fast approaching, the tendency for accidents like this would be higher. Whether it’s a slip and fall at a friend’s place or a mishap during your favourite sport, knowing what to do in these situations can make a big difference. This article equips you with some essential legal tips to protect yourself after an accident during seasonal fun. Prioritize your health Of course, the most important thing after an accident is your health. If you get hurt, getting medical attention as soon as possible should be your top priority. A doctor will check you out and make a record of your injuries. This record can 22 LAWYER MONTHLY JUNE 2024 How To Legally Handle Accidents During Seasonal Activities What do you do when in an accident during a seasonal activity? Summer barbecues, refreshing dips in the pool, or exhilarating hikes in the crisp autumn air— seasonal activities bring a welcome change to your routines. But amidst the fun, accidents can happen.
an experienced personal injury lawyer to build your case. Report the accident Not all accidents need to be reported in the same way. It depends on what you were doing and where you were. For example, if you take a tumble while skiing and bump your head, you’ll definitely want to tell the ski patrol. They can check you out, make sure everything’s okay, and even look into what caused the accident to happen in the first place. This report helps keep everyone safe on the slopes. The same goes for other activities. There might be specific people you need to tell if you have an accident. Following these steps might seem like a hassle at the moment, but trust us, it can be a big help later on. be very important down the road if you ever need to take legal action. Catch it on Camera (if you can) An accident can be a confusing and stressful event, leaving you shaken and unsure of what to do next. But if you’re feeling well enough, take a moment to snap some pictures or even a short video of the scene. These can be incredibly helpful later. Think about it like this: let’s say you trip and twist your ankle on a broken step at a friend’s place. Photos can clearly show the damaged step, which becomes important evidence if there’s any disagreement about how you got hurt. Having this visual proof can back you up if things need to be sorted, especially when it’s your time to contact SPECIAL FEATURE 23 Whether it’s a slip and fall at a friend’s place or a mishap during your favourite sport, knowing what to do in these situations can make a big difference.
Lawyers know the ins and outs of accident cases; they can explain your rights, fight to get you the money you deserve for your injuries and lost wages, and take care of all the legal stuff so you can focus on healing. Build your case Here’s another important step—keep all documents related to the accident. This includes medical bills, repair estimates for any damaged property, and any communication you have with insurance companies. Think of it as building a case file. Having thorough records demonstrates the extent of your losses and strengthens your position if legal action becomes necessary. Understanding common seasonal accidents Now that the general steps are covered, it’s time to learn some common seasonal accidents and how these legal tips can be applied: Stick to the facts Listen, we all want to be polite, especially after an accident. But here’s the thing: apologies or statements that sound like you’re taking the blame can hurt you later. Instead, focus on simply explaining what happened. For example, imagine your trip on a broken sidewalk and you twisted your ankle. Instead of saying, ‘I’m so sorry I tripped,’ just say, ‘I tripped and fell because the sidewalk was uneven.’ This way, you’re sticking to the facts and avoiding any misunderstandings. Should you get a lawyer involved? This depends on how bad your accident was and how much it’s costing you. Let’s say you broke your arm at a skating rink because the ice wasn’t resurfaced properly. You’ll likely need medical attention, and that can get expensive. On top of that, you might miss work while you recover. If the costs start adding up and you think the skating rink was responsible for the accident, a personal injury lawyer can be a big help. 24 LAWYER MONTHLY JUNE 2024 Poolside fun can turn awry if there are safety hazards like missing pool tiles or malfunctioning diving boards. Documenting these hazards with photos and reporting them to the pool owner is crucial.
slopes, documenting the conditions and reporting the incident are essential first steps. Springtime stumbles Spring cleaning often involves using ladders or climbing on furniture to reach high places. Taking precautions to ensure equipment is sturdy and having someone hold the ladder for stability can prevent accidents. But if an accident does occur due to faulty equipment or someone else’s negligence, remember to document the scene and seek medical attention. Final thoughts By familiarizing yourself with these legal tips, you’ll be better prepared to handle an accident during your seasonal activities. While navigating legal matters can feel overwhelming, this knowledge can empower you to protect your health and well-being. Seek medical attention when needed, and if the situation warrants, consulting with a personal injury lawyer can ensure you receive fair compensation for your injuries. Summer Mishaps Poolside fun can turn awry if there are safety hazards like missing pool tiles or malfunctioning diving boards. Documenting these hazards with photos and reporting them to the pool owner is crucial. Also, the chances of injuries are high during summer camps. A 2022 study even highlighted that almost 3 injuries occur per 1,000 camp days in Canada. Likewise, amusement park accidents often involve malfunctioning rides or inadequate safety measures. Following the tips above ensures you have a record of the negligence that caused your injury. Winter worries Icy sidewalks or poorly maintained ski slopes can lead to slips and falls. In fact, in Canada, there were 4,376 sledding/ tobogganing-related injuries reported in the country’s health infobase. So, if you’re injured due to inadequate snow removal by a property owner or a ski resort failing to maintain the SPECIAL FEATURE 25 While navigating legal matters can feel overwhelming, this knowledge can empower you to protect your health and wellbeing.
Transactions: Transaction Reports 28. Austrian-Italian Joint Venture of Energy and Königskreuz 32. SEDIF’s Award of the Largest Water Concession in France 36. Trail’s Acquisition of a Group of Companies to Create AresMMA 40. Entaco Ltd.’s MBO 42. Groupe SOCOMORE Acquires Microset
Austrian-Italian Joint Venture of Energy and Königskreuz Energy SpA has now finalised the negotiation and structuring of a temporary business association contract (German: ARGE for Arbeitsgemeinschaft) with Koenigskreuz, a specialist company based in Austria working in photovoltaic technologies. Energy SpA is active in the offer of integrated electricity storage systems on Euronext Growth Milan. The value of this supply of storage system and services is EUR 25.7 million. Rechtsanwalt Dr Andreas Eustacchio, LL.M. (LSE) has provided legal advice to ARGE Energy Königskreuz on their first business cooperation on the Austrian Market. www.eustacchio.com/en/ ABOUT THE DEAL 28 LAWYER MONTHLY JULY 2024 Legal Advisor to ARGE Energy Königskreuz:
2030, energy resilience to protect data (an extremely topical issue), and motorway fast charging supported by energy from renewable sources. How does this contract benefit your client and what negotiations were necessary to make sure Energy SpA of Italy and Königskreuz of Austria were satisfied with the outcome? The joint venture with Energy SpA as the leading part has won an important tender from ASFINAG Autobahn Service GmbH, a motorway concessionaire in Austria, and prevailed against other industrial entities. The successful collaboration will now enable the production and delivery of the battery storage systems and associated services worth 25.7 million euros for ASFINAG over the next 18 months. Andreas, can you expand on this transaction for this contract between Konigskreuz and Energy SpA, what were the clients’ priority requests for this contract and were they met? A pivotal challenge of the legal advice was the timely drafting and negotiation of the business association contract, which clearly defines the single tasks and responsibilities of Energy S.p.A. and Königskreuz GmbH within the framework of the joint venture. With our advice, we have made a significant contribution to putting the ItalianAustrian cooperation between Energy and Königskreuz on a solid legal footing for the successful delivery of battery storage systems and associated services worth 25.7 million euros for ASFINAG. For ASFINAG this involves achieving three goals: complete energy autonomy by Lawyer Monthly had the pleasure to speak with Andreas Eustacchio, Partner at EUSTACCHIO Rechtsanwälte to give us some further insight into this transaction: TRANSACTION INTERVIEW 29 Photo credit: fotonovo.at A pivotal challenge of the legal advice was the timely drafting and negotiation of the business association contract.
The agreement had to ensure that all legal and technical provisions of the Austrian energy sector were complied with. To this end, it was first also necessary to clarify which legal requirements had to be met for the Austrian market. During this project were there any challenges or changes that arose and how did these get addressed by you and your team, how do you stay open for new negotiations? Commercial and legal success is about understanding the client and the culture of their country. As I acted as legal advisor for both the Italian Energy S.p.A. and the Austrian Königskreuz GmbH, my role was also to act as a mediator to resolve any differences that arose during the contract negotiations, both from a legal point of view and in relation to various business and technical aspects. This was also done under time pressure and strict time constraints due to the tender. It is particularly noteworthy that the energy storage systems are produced by Energy S.p.A. in Italy and therefore come from European production. Can you tell us about your team for this project, what skills were required to bring to the table for this and why did your team at Eustacchio Attorneys at Law of Vienna make for the most suitable choice? Foremost it was necessary to have an in-depth knowledge of the Italian and Austrian markets as well as experience with industrial companies and the energy sector. I have been advising Italian clients in Austria and vice versa for more than 20 years now. With my expertise in the Austrian and Italian markets and knowing about the strength of the Italian industry I was able to set the legal course for success in Austria together with Studio Legale Macchion & Resoli on the Italian side. 30 LAWYER MONTHLY JULY 2024 If only one of the two partners had not trusted me 100% during these phases, we would not have been able to achieve this success.
trusted me 100% during these phases, we would not have been able to achieve this success. Would you tell us about the value of the storage systems and the benefit of having further supply options of around EUR3 million? The tender is the first of its kind won by Energy S.p.A., as a partner of the ARGE Energy S.p.A. Königskreuz GmbH and is international recognition of Energy S.p.A.’s strategy, which confirms its leading position in the renewable energy sector. The Company is at the forefront of the transition to a sustainable energy future, constantly investing in research to develop increasingly efficient and sustainable products, thus confirming its influence in the European energy storage market. What is next for by EUSTACCHIO legal advisory of Vienna, what plans are there for growth or upcoming projects to watch out for? We will now continue providing legal assistance on the joint venture on the individual implementation steps necessary in Austria and to satisfy ASFINAG according to the tender agreement with the ARGE. The most important goal for us must continue to be to put our customers and their needs at the centre. Only joint success strengthens both. Andreas, with a wealth of experience across various industries, what was your strategy for this specific client and how does your experience guide you through current and future projects, do you have a personal strategy mastered? The key to success was ‘trust’ in me as a person and my team as well as in my work as a legal advisor. It was thus very important that the dialogue between the two parties did not break down, even during the period in which contractual sticking points had to be overcome. It was therefore important for us to repeatedly discuss with the two partners legally sensible and economically viable points and to immediately submit proposals so to ensure that the collaboration between the two partners would be a successful one in the future. If only one of the two partners had not TRANSACTION INTERVIEW 31 With our advice, we have made a significant contribution to putting the Italian-Austrian cooperation between Energy and Königskreuz on a solid legal footing for the successful delivery of battery storage systems and associated services worth 25.7 million euros for ASFINAG in Austria.
SEDIF’s Award of the Largest Water Concession in France Syndicat des Eaux d’Ile-de-France (SEDIF) has completed the procedure for awarding the new concession contract relating to the management of the public drinking water service in Ile-de-France. The contract will last 12 years and is worth around EUR 4.3bn to cover the supply of drinking water to over 4 million people for over EUR1 billion in investments to produce clean, limescale and chlorine free water. Lacourte Raquin Tatar supported SEDIF at all stages and defended their interest in the context of disputes which proceeded the signing of the contract and under the terms of which the Paris administrative court and the Council of the state validated in all respects of awarding the concession. The team was led by Benoit Neveu and composed of Marine Hue, Romain Meresse, Claire McDonagh and Arthur Pierre. www.lacourte.com ABOUT THE DEAL 32 LAWYER MONTHLY JULY 2024 Legal Advisor to SEDIF:
in Toulouse, Bordeaux, Lyon, Lille or Marseille. For this project, we have continuously taken advantage of our strong litigation practice in public contract law, which has allowed us to anticipate criticism of the award process and provide tailored advice, even when the law was silent. Our expertise has been particularly valuable in preventing conflicts of interests, advising the client on the information to be communicated to the economic operators, and more generally throughout the negotiations. In many cases, there are no obvious nor absolute answers to the questions which bring clients to their lawyer. For this reason, beyond the mere analysis of the current state of the law, our dedicated team of lawyers on this project has systematically looked for, found, and sometimes even designed the most appropriate solutions to meet the needs of our client, always keeping legal security as a priority. Benoit, can you walk us through your strategic plan when leading the team on this project and why this plan was the best way to approach the client’s demands? For SEDIF, this project has significant economic, technical, environmental but also legal implications, considering the complexity of the contract and the high risks of litigation. Our goal has always been to provide highlevel legal advice to meet those challenges, with precision, availability, and adaptability. I was personally involved on a daily basis, leading the team and the relation with the client, which was made easier as SEDIF also set up a tight and efficient dedicated team, with a limited number of highly committed contacts. The success of the project greatly relies on the planification of tasks and the anticipation of challenges, but also on the team’s capacity to adapt, daily, to the client’s needs. Emergencies and lastminute changes are quintessential for this type of project, and our team knows exactly how to deal with them. How did you and your team pull your best and most suited assets and skills to work on this acquisition, what valuable skills did each member bring to the board? We set up a dedicated team, highly experienced in public contract law and composed of lawyers who have great knowledge of water public services, the economic operators that can provide them as well as the specific legal issues of this sector. We used our experience working on previous concession contracts for the supply of drinking water, notably Lawyer Monthly had the pleasure to speak with Benoit Neveu, Partner at Lacourte Raquin Tatar to give us some further insight into this transaction: TRANSACTION INTERVIEW 33
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