Brand Matters

Issue 19
6902Sally Britton, Partner, Dispute Resolution

Editor's Note

Welcome to the Autumn/Winter 2020 edition of Brand Matters.

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CMA to examine if 'eco-friendly' claims are misleading

The UK Competition and Markets Authority (CMA) has announced that it will investigate descriptions and labels used to promote products and services claiming to be 'eco-friendly', amid concerns that they could mislead consumers.

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ASA rulings reflect robust assessment of evidence-based environmental claims

With environmental issues increasingly at the forefront of consumer, brand and society thoughts (perhaps even more during the current global pandemic), there is likely to be an increase in "green" product launches.

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CMA puts influencers and brands under pressure in demanding "behavioural shift" from Instagram

The Competition and Markets Authority (CMA) has been investigating for some time whether influencers clearly disclose paid-for endorsements, having obtained in 2019 voluntary undertakings from a number of social media celebrities.

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Brand protection against unauthorised designer face coverings in the UK and EU

With face masks or "coverings" now compulsory in most public indoor settings in the UK, they have swiftly become part of our everyday lives – and outfits.

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High Court finds infringement of EAGLE RARE Bourbon trade mark by AMERICAN EAGLE

The luxury bourbon whiskey market provides the backdrop for this trade mark dispute (Sazerac Brands v Halewood), in which the Defendants' use of 'American Eagle' was found to infringe the Claimants' mark EAGLE RARE.

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Lionel Messi wins nine year trade mark battle to register his surname

The six time Ballon D'Or winner, Lionel Messi, has won a nine year legal battle, allowing him to register his surname as an EU trade mark.

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Government responds to transparency in supply chains consultation

The Government has recently published its response to last year's consultation on transparency in supply chains.

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ICO's £18.4m fine against Marriott: a salutary reminder when conducting due diligence

For the second time in as many weeks, the Information Commissioner's Office (ICO) has issued a significant fine for contraventions of the General Data Protection Regulation (GDPR).

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New EDPB Guidelines on targeted advertising to social media users

The European Data Protection Board (EDPB) has adopted finalised Guidelines 8/2020 on the targeting of social media users under GDPR, following public consultation.

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Sharing user-generated videos? New obligations on video-sharing platforms

Last year, we reported on the European Parliament's approval of the revised Audiovisual Media Services Directive (revised AVMSD), which extends the scope of regulation to cover video-sharing platforms (VSPs) (the existing rules only cover traditional TV broadcasters and video-on-demand services).

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Brands in Sports Video Games: Why Football Manager Might Be the Exception

Manchester United, one of the world’s biggest football (soccer) clubs, has brought a claim for trademark infringement in the High Court of England & Wales over the use of the “Manchester United” club name within the video game Football Manager, and also, interestingly, over the non-use of its club crest. The suit is against Sports Interactive and Sega, the developer and publisher, respectively, of the well-known video game.

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