Bills of Sale consultation

Bills of sale are legal instruments, still used today, that allow individuals to transfer ownership of goods to another while retaining them physically. Historically, bills of sale were most often used as security for loans where the borrower would grant ownership to the lender over, say, a painting which would act as the security but (in contrast to pawn broking or granting a pledge) could keep the painting hanging on their wall. Once the loan was repaid, the ownership of the painting would be reinstated to the borrower. Continue reading

Battle of the brands: ASOS defence upheld by Court of Appeal majority and ASSOS refused permission to appeal

ASSOS is a specialist cycling clothes business founded in Switzerland which ‘offers advanced, technical apparel’ at the top end of the market. ASSOS sells its goods in 37 countries worldwide, almost exclusively through specialist cycling stores. This is to ensure a high quality purchasing experience consistent with the brand. For this reason, ASSOS does not have an online store.

ASOS is a global online fashion and beauty retail business aimed primarily at fashion-conscious young people. It has always been conducted solely online with no physical shops. Originally called ‘As Seen on Screen’ and offering clothing, accessories and other items worn in TV or in films, the acronym ‘ASOS’ was adopted in early 2002 when ASOS moved towards general fashion clothing. Continue reading

Practical tips to sellers when consigning items to an auction house

Lessons learned from the case of Thwaytes v Sotheby’s

In 2006 Mr Thwaytes consigned a painting, the Cardsharps, to Sotheby’s for further investigation. Sotheby’s advised it was a good 17th Century copy of the original by Caravaggio and the painting was sold at auction for a hammer price of £42,000 to a leading Caravaggio scholar, Sir Denis Mahon, who later announced that he and others believed it to be by Caravaggio, and therefore worth far more. Continue reading