Brand Matters

Issue 23

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.

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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.

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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'.

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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.

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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.

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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.

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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.

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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.

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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.

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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'.

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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.

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