24 November 2016

Plumb is the keyword: a fruity search advertising dispute

Buying a bath can be a confusing experience at the best of times. This isn't helped by the fact there are 2 bathroom retailers with very similar names: Victorian Plumbing and Victoria Plum, who have been co-existing since 2001.

To confuse things even further, towards the end of 2012 Victorian Plumbing started bidding heavily on the keywords "Victoria Plum" and "Victoria Plumb" as part of its search advertising campaign. As a result, users searching for "Victoria Plum(b)" were presented with ads linked to Victorian Plumbing's website, and which variously contained the words "Victorian Plumbing", "Victora Plum(b)", "Victoria Plumbing" and "Victorian Plumb".

14 November 2016

What does the Uber case tell us about the direction of travel in employment law?

It is not often that an Employment Tribunal decision makes headline news, but the recent Uber case was a noisy exception. As was widely reported, two Uber drivers brought a claim alleging that they are entitled to certain employment rights, including the national minimum wage and paid holidays. In its defence, Uber argued that it simply provides a technology platform (through which cabs can be booked) and that each of its drivers operates their own business, with the passengers as their customers. The drivers were therefore, said Uber, genuinely self-employed and not entitled to any employment rights.