Brand Matters

Brand Matters

Issue 9
The shape of things to come: CJEU decides on the KitKat trade mark case

The shape of things to come: CJEU decides on the KitKat trade mark case

Back in 2002, Nestlé filed an application to register the three-dimensional sign of the ‘four finger KitKat bar’ as an EUTM.

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Men can wash dishes too! ASA launches consultation on gender stereotyping guidance

Men can wash dishes too! ASA launches consultation on gender stereotyping guidance

The ASA has launched a consultation on a new rule, and accompanying draft guidance, which tackles the use of gender stereotypes in advertising.

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UK high street troubles: Five points for SME brands to consider

UK high street troubles: Five points for SME brands to consider

Rising business rates and overheads. Low consumer spending. Empty high street shops.

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European court ruling in favour of Louboutin's red sole

European court ruling in favour of Louboutin's red sole

The CJEU has ruled in Louboutin's favour in deciding that its red sole is not a shape mark; it is a position mark for a colour applied to the sole of a shoe.

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GDPR and WHOIS – An update post 25 May

GDPR and WHOIS – An update post 25 May

One month after GDPR took effect across the EU, brand owners are coming to terms with the new reality of the limited data available when conducting WHOIS searches.

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Supreme Court decides ISPs should not pay implementation costs of website blocking orders

Supreme Court decides ISPs should not pay implementation costs of website blocking orders

Website blocking orders, under which ISPs are ordered to prevent access to websites containing copyright-infringing material (such as pirated music and films) and, more recently, counterfeit goods, have proven to be a significant weapon for rights owners since they were first granted in the UK in 2011.

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Google facing new European Commission fine

European Commission slams Google with a Euro 4.3 billion fine

On 18 July 2018, the European Commission imposed a Euro 4.3 billion fine on Google for abusing its dominant position in markets in relation to the Android operating system for mobile phones.

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UK's "fast fashion" under investigation by the Environmental Audit Committee

UK's "fast fashion" under investigation by the Environmental Audit Committee

The House of Commons Environmental Audit Committee has announced an investigation into the social and environmental impact of the UK's love of "fast fashion" and the wider fashion industry.

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Kenzo Estate: A lesson for eponymous brand owners

Kenzo Estate: A lesson for eponymous brand owners

Operating a business or brand under your own name is a fairly common practice, and a desire to tie a brand to their personality often leads to business owners using and registering their own name as a trade mark.

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"Follow the money": Memorandum of understanding on online advertising and IP infringement

"Follow the money": Memorandum of understanding on online advertising and IP infringement

Websites infringing copyright material or offering counterfeit goods usually carry advertising, which is often of legitimate brand owners.

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Style Gallery 2018

Style Gallery 2018

Style Gallery 2018, the pop-up shop for emerging luxury brands hosted by Mishcon de Reya and LawfullyChic.

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