Page content Brand Matters Issue 23: September 2021 Post Editor's note Welcome to the autumn edition of Brand Matters. In this edition, we discuss some of the ongoing supply chain issues in the wake of both Brexit and COVID-19, and how these can be managed, including through insurance. News Sky v SkyKick: Court of Appeal upholds Sky's appeal and confirms infringement finding The Court of Appeal has given its judgment in Sky v SkyKick, providing welcome clarity and reassurance to brand owners in relation to their brand protection and enforcement strategies. News Court of Appeal dismisses appeal in whiskey bourbon trade mark infringement case In a ruling which highlights the different nature of 'direct' and 'indirect' confusion, the Court of Appeal has upheld the finding of trade mark infringement in respect of the EAGLE RARE trade mark by the use of the sign 'American Eagle'. News ASA publishes report on age-restricted ads appearing in online mixed-age media The ASA has conducted an investigation into whether age-restricted ads are being targeted away from children, with the focus on ads for alcohol, gambling and high fat, salt and sugar (HFSS) products on websites where adults comprise the main overall audience. News The Supply Chain: Insurance Increasing numbers of losses across a broad range of business sectors are arising from supply chain issues, predominantly caused by Brexit and COVID-19. News Line drawings assist (again) in proving design infringement In a case relating to outdoor light fittings, the Court has found infringement of two registered designs. Crucial to its assessment was the interpretation of the scope of protection of the registered designs. News Competition and Markets Authority Publishes 'Green Claims Code' The CMA has published a Green Claims Code, which aims to help businesses understand and comply with their existing obligations under consumer protection law when making environmental claims - in anticipation of a formal review due to start in 2022. News General Court provides guidance on applications to register sound trade marks The EU General Court has had its first opportunity to consider the approach to sound mark applications since the change of approach in 2017, which led the way for the acceptance of MP3 and MP4 files. News Consultation opens on the Government's data reform plans The Government's newly announced 'data reform' programme aims to “boost innovation, economic growth and protect the public”, with a public consultation on proposed changes to the UK’s data landscape. News The Rise of Plant-based Milk: Oatly's trade mark infringement proceedings are dismissed Swedish brand Oatly has recently been involved in a high profile trade mark dispute, in which it unsuccessfully argued that its OATLY / OAT-LY (word and device) trade mark registrations had been infringed by a product called 'PUREOATY'. News Filing a trade mark application can amount to passing off The Intellectual Property Enterprise Court has handed down a judgment in an appeal which is thought to be the first confirmation that merely filing a trade mark application could constitute a misrepresentation to the public for the purposes of passing off. Previous Issues Prev Next 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
Post Editor's note Welcome to the autumn edition of Brand Matters. In this edition, we discuss some of the ongoing supply chain issues in the wake of both Brexit and COVID-19, and how these can be managed, including through insurance.
News Sky v SkyKick: Court of Appeal upholds Sky's appeal and confirms infringement finding The Court of Appeal has given its judgment in Sky v SkyKick, providing welcome clarity and reassurance to brand owners in relation to their brand protection and enforcement strategies.
News Court of Appeal dismisses appeal in whiskey bourbon trade mark infringement case In a ruling which highlights the different nature of 'direct' and 'indirect' confusion, the Court of Appeal has upheld the finding of trade mark infringement in respect of the EAGLE RARE trade mark by the use of the sign 'American Eagle'.
News ASA publishes report on age-restricted ads appearing in online mixed-age media The ASA has conducted an investigation into whether age-restricted ads are being targeted away from children, with the focus on ads for alcohol, gambling and high fat, salt and sugar (HFSS) products on websites where adults comprise the main overall audience.
News The Supply Chain: Insurance Increasing numbers of losses across a broad range of business sectors are arising from supply chain issues, predominantly caused by Brexit and COVID-19.
News Line drawings assist (again) in proving design infringement In a case relating to outdoor light fittings, the Court has found infringement of two registered designs. Crucial to its assessment was the interpretation of the scope of protection of the registered designs.
News Competition and Markets Authority Publishes 'Green Claims Code' The CMA has published a Green Claims Code, which aims to help businesses understand and comply with their existing obligations under consumer protection law when making environmental claims - in anticipation of a formal review due to start in 2022.
News General Court provides guidance on applications to register sound trade marks The EU General Court has had its first opportunity to consider the approach to sound mark applications since the change of approach in 2017, which led the way for the acceptance of MP3 and MP4 files.
News Consultation opens on the Government's data reform plans The Government's newly announced 'data reform' programme aims to “boost innovation, economic growth and protect the public”, with a public consultation on proposed changes to the UK’s data landscape.
News The Rise of Plant-based Milk: Oatly's trade mark infringement proceedings are dismissed Swedish brand Oatly has recently been involved in a high profile trade mark dispute, in which it unsuccessfully argued that its OATLY / OAT-LY (word and device) trade mark registrations had been infringed by a product called 'PUREOATY'.
News Filing a trade mark application can amount to passing off The Intellectual Property Enterprise Court has handed down a judgment in an appeal which is thought to be the first confirmation that merely filing a trade mark application could constitute a misrepresentation to the public for the purposes of passing off.