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Brand Matters

Issue 22
7199Sally Britton, Partner, Dispute Resolution

Editor's Note

Welcome to the latest edition of Brand Matters.

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Consultation on the UK's future regime re exhaustion of rights and parallel trade

The Government has issued a consultation to consider a number of options for the UK's future regime for the exhaustion of intellectual property rights and parallel trade. The consultation closes on 31 August 2021.

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The Children's Code: Are you ready to comply?

The Children's Code came into force on 2 September 2020, with the transition period for in-scope providers to get themselves in a position to comply (both in relation to their new online products and services, and also existing ones) coming to an end on 2 September 2021.

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Advertising rules on harm and offence in focus

The broadcast and non-broadcast advertising rules in the United Kingdom are constantly evolving to reflect current political, social and ethical values in society. On 1 June 2021, a consultation was launched on the introduction of new rules on harm and protected characteristics (as defined in the Equality Act 2010).

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Competition and Markets Authority consults on rules for distribution and supply agreements

Businesses that are parties to "vertical agreements": agreements for the sale or purchase of goods or services between businesses operating at different levels of the production or distribution chain may wish to participate in a CMA consultation on possible changes to the relevant competition rules.

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Nike’s ‘FOOTWARE’ mark registrable for technology-related goods and services

In Puma v Nike, the High Court has upheld the UKIPO decision rejecting Puma’s opposition to Nike’s application for the trade mark ‘FOOTWARE’ in respect of goods in class 9 (such as software and hardware) and services in classes 38 (such as telecommunications services) and 42 (such as cloud computing services).

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Euro 2020 marketing tips: avoiding a penalty

UEFA Euro 2020 has finally kicked off, a year later than originally anticipated. For brands planning to take advantage of football fever in their advertising, some tactical know-how may assist in both avoiding receiving a red card from UEFA and/or the Advertising Standards Authority and preventing reputational harm from adverse publicity this summer.

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Post-pandemic opportunities for the financially pro-active

Although we have seen changes caused or accelerated by the pandemic, we cannot yet know the full extent of the longer-term impacts. Business models and their revenue streams within sectors such as retail have changed, for example, with many brands putting greater emphasis on shifting operations online.

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CMA publishes draft guidance on misleading 'green' claims

The UK Competition and Markets Authority (CMA) has published draft guidance for businesses making 'green' claims about their products. The guidance follows an analysis of websites carried out by the CMA alongside other national competition authorities that found that 40% of 'green' claims made online could be misleading.

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ASA names and shames influencers for disregarding ad rules

Earlier this year, the Advertising Standards Authority (ASA) threatened to publically name specific influencers and brands who flouted advertising rules, and it has now taken the first step in this process.

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Where's the harm? The Online Safety Bill's potential business burden

The UK Government has published a first draft of the long-awaited Online Safety Bill. The draft Bill is substantial and complex, and will need careful scrutiny in order to analyse its full implications. However, it is already apparent that it could have wide-reaching and potentially serious consequences for a broad spectrum of businesses in its scope, if implemented in its current form.

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