Brand Matters Issue 26: June 2022 Editor's Note Welcome to the spring edition of Brand Matters. Last week we were delighted to host the Mishcon Style Gallery, our annual pop-up shopping event for some of the UK's most exciting boutique luxury brands. Read the full note News The new UK competition law rules for supply and distribution agreements - a limited departure from the previous EU approach New rules relating to vertical agreements – such as supply and distribution agreements – come into effect in the UK and EU from 1 June 2022. The rules will now diverge, somewhat, for the first time in over 20 years. News Court confirms copyright can protect characters: Cushty! The UK Intellectual Property Enterprise Court has recently delivered an important and interesting decision relating to copyright finding that the character of 'Del Boy' from Only Fools and Horses is protected as a literary work, and also assessing the boundaries of the fair dealing for parody/pastiche defence. News The push and pull of online trade mark infringement The Court of Appeal has overturned the judgment of the High Court in Lifestyle Equities v Amazon, finding Amazon liable for trade mark infringement through its acts of advertising, offering for sale and selling US branded goods to consumers in the UK and EU markets via its website amazon.com. News Consumer protection and competition law: what are the UK Government's proposed reforms? In April 2022, the Government set out its proposals for reform aimed at strengthening competition in the UK markets and for changes to ensure the UK creates the best possible environment for competitive and dynamic growth, whilst at the same time ensuring high levels of consumer protection. News Fed up of fast fashion? Recent investments show that the future of fashion is sustainable Investments into fashion start-ups over the past year suggest that the time is ripe for growth investments in innovative fashion businesses who wish to focus on sustainability and expanding their circular models. News ASA rules on snack advertising campaign for 'The Hundred' The Advertising Standards Authority has recently ruled that an email and paid-for Instagram advertisement in an advertising campaign for "The Hundred" cricket tournament, were in breach of the rules regulating the advertisement of food products that are high in fat, salt and sugar. News Victory for Ed Sheeran in "Shape of You" Copyright Dispute The much publicised Ed Sheeran case demonstrates that mere similarity to an earlier musical/literary work does not in itself amount to copyright infringement. It must be proven that copying (whether consciously or subconsciously) has occurred. News Compulsory shop leases – what, why and how? In the Queen's Speech on 10 May, the Government announced plans to compel landlords of empty shop units to rent them out. The following day, the Levelling-up and Regeneration Bill was published, giving more details on how this is meant to work. News Effectively excluding claims for wasted expenditure: Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM The recent Court of Appeal judgment in Soteria v IBM brings into sharp focus the need to consider carefully the scope of exclusion clauses when drafting supply contracts to mitigate the risk of exposure to significant claims in damages. News The Online Safety Bill – who is in (potential) scope of the proposed regime? With the recent publication of the Online Safety Bill, many businesses whose services include an online element will be concerned to know whether they may be in scope of the proposed online safety regime and, if so, the steps they will need to take. News The European Commission adopts proposal for a Corporate Sustainability Due Diligence Directive In February 2022, the European Commission adopted a proposal for a Corporate Sustainability Due Diligence Directive which aims to ingrain human rights and environmental considerations into business policy and encourage sustainable and responsible corporate behaviour. News High Court finds trade mark infringement and passing off by online dating service Muzmatch Dating site operator, Match, which owns sites such as Match, Tinder and hinge, has been successful in a trade mark infringement and passing off action against a site called Muzmatch. Previous Issues Prev Next Issue 32 Mar 2024 Issue 31 Nov 2023 Issue 30 Aug 2023 Issue 29 May 2023 Issue 28 Feb 2023 Issue 27 Oct 2022 Issue 26 Jun 2022 Issue 25 Mar 2022 Issue 24 Dec 2021 Issue 23 Sep 2021 Issue 22 Jul 2021 Issue 21 May 2021 Issue 20 Jan 2021 Issue 19 Nov 2020 Issue 18 Sep 2020 Issue 17 May 2020 Issue 16 Mar 2020 Issue 15 Dec 2019 Issue 14 Oct 2019 Issue 13 Jul 2019 Issue 12 Apr 2019 Issue 11 Dec 2018 Issue 10 Oct 2018 Issue 9 Jul 2018 Issue 8 Apr 2018 Issue 7 Nov 2017 Share
News The new UK competition law rules for supply and distribution agreements - a limited departure from the previous EU approach New rules relating to vertical agreements – such as supply and distribution agreements – come into effect in the UK and EU from 1 June 2022. The rules will now diverge, somewhat, for the first time in over 20 years.
News Court confirms copyright can protect characters: Cushty! The UK Intellectual Property Enterprise Court has recently delivered an important and interesting decision relating to copyright finding that the character of 'Del Boy' from Only Fools and Horses is protected as a literary work, and also assessing the boundaries of the fair dealing for parody/pastiche defence.
News The push and pull of online trade mark infringement The Court of Appeal has overturned the judgment of the High Court in Lifestyle Equities v Amazon, finding Amazon liable for trade mark infringement through its acts of advertising, offering for sale and selling US branded goods to consumers in the UK and EU markets via its website amazon.com.
News Consumer protection and competition law: what are the UK Government's proposed reforms? In April 2022, the Government set out its proposals for reform aimed at strengthening competition in the UK markets and for changes to ensure the UK creates the best possible environment for competitive and dynamic growth, whilst at the same time ensuring high levels of consumer protection.
News Fed up of fast fashion? Recent investments show that the future of fashion is sustainable Investments into fashion start-ups over the past year suggest that the time is ripe for growth investments in innovative fashion businesses who wish to focus on sustainability and expanding their circular models.
News ASA rules on snack advertising campaign for 'The Hundred' The Advertising Standards Authority has recently ruled that an email and paid-for Instagram advertisement in an advertising campaign for "The Hundred" cricket tournament, were in breach of the rules regulating the advertisement of food products that are high in fat, salt and sugar.
News Victory for Ed Sheeran in "Shape of You" Copyright Dispute The much publicised Ed Sheeran case demonstrates that mere similarity to an earlier musical/literary work does not in itself amount to copyright infringement. It must be proven that copying (whether consciously or subconsciously) has occurred.
News Compulsory shop leases – what, why and how? In the Queen's Speech on 10 May, the Government announced plans to compel landlords of empty shop units to rent them out. The following day, the Levelling-up and Regeneration Bill was published, giving more details on how this is meant to work.
News Effectively excluding claims for wasted expenditure: Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM The recent Court of Appeal judgment in Soteria v IBM brings into sharp focus the need to consider carefully the scope of exclusion clauses when drafting supply contracts to mitigate the risk of exposure to significant claims in damages.
News The Online Safety Bill – who is in (potential) scope of the proposed regime? With the recent publication of the Online Safety Bill, many businesses whose services include an online element will be concerned to know whether they may be in scope of the proposed online safety regime and, if so, the steps they will need to take.
News The European Commission adopts proposal for a Corporate Sustainability Due Diligence Directive In February 2022, the European Commission adopted a proposal for a Corporate Sustainability Due Diligence Directive which aims to ingrain human rights and environmental considerations into business policy and encourage sustainable and responsible corporate behaviour.
News High Court finds trade mark infringement and passing off by online dating service Muzmatch Dating site operator, Match, which owns sites such as Match, Tinder and hinge, has been successful in a trade mark infringement and passing off action against a site called Muzmatch.