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Thinking - Blog
Going Green - Draft Sustainability Guidance from the CMA
Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.
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Thinking - Blog
M&S v Aldi – lookalike claims lit up by design rights
As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.
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Thinking - Blog
Lookalikes and passing off—bottle design get-up claim (Au Vodka)
Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.
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Press and Media
The Metaverse, green claims and data privacy – what critical issues lie ahead for retailers and consumer brands in Autumn 2022?
International law firm RPC launches the latest edition of Retail Compass
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Thinking - Blog
Return of the MAC (clauses): renegotiating or exiting your supply chain contracts
As more challenges arise from the current pandemic, suppliers and customers in the retail supply chain will be looking at their contracts to see how best to navigate the challenges they face. This may involve reviewing existing supply chain arrangements and seeing if there is a way to renegotiate or exit existing contracts.
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Thinking - Blog
And the winner is... that pre-loved dress
The recent awards season has seen a new dress-code emerging on the red carpet - wearing clothing either rented or previously worn, in an aim to project a message of sustainability. This reflects trends in the wider fashion world, where sustainability models like rental and resale are emerging fast as brands and consumers look to minimise their impact.
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Thinking - Blog
BrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.
In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.
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Thinking - Blog
The Future of Retail is Green
2019 has been a year of environmental awareness, aptly demonstrated by David Attenborough's Glastonbury appearance and Greta Thunberg's speech to world leaders at the UN Climate Action Summit.
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Thinking - Blog
Can retail drones deliver the goods?
A recent flurry of patent registrations provides an insight into how this futuristic technology could soon become a reality for consumers.
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Thinking - Blog
The ‘Meghan effect’: its impact on retailers
The right people endorsing a brand can have a significant impact on its popularity. For example, brands that have been associated with Kate Middleton and Meghan Markle have seen a huge surge in their profile.
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