Brand Matters

Issue 24
7301Sally Britton, Partner, Dispute Resolution

Editor's note

Welcome to the winter edition of Brand Matters.

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Meet the Regulators: Episode 1 - Lifting the lid on greenwashing with the Advertising Standards Authority

In the wake of COP26, we discuss with Miles Lockwood of the ASA how it is dealing with "greenwashing" in advertising, and explore what the ASA is doing to play its part in battling the global climate crisis.

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Greenwashing: Is your business doing sustainable advertising correctly?

As pressure to curb climate change grows, consumers are increasingly looking to reduce their negative impact on the planet. Responding to this consumer shift, brands are looking at ways to promote the green credentials of their products or services.

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Significant changes to trading between the UK and the EU coming soon

Interim measures in relation to customs are now finally being withdrawn, meaning the full impact of Brexit on trading will shortly materialise – as of 1 January 2022. This note summarises recent Government guidance, and is relevant to anyone importing or exporting goods between the UK and EU.

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Consultation opens on AI and the UK's copyright and patents framework

Following a Call for Views earlier this year, the Government has now published its consultation on potential changes to the UK IP protection framework, seeking to ensure that the right balance is struck between encouraging the development and use of AI across the economy, whilst not undermining IP's wider role in promoting human creativity and innovation.

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Government calls for Stakeholder Views on Buy-Now-Pay-Later Regulation

In February 2021, the Government announced its intention to regulate Buy-Now-Pay-Later (BNPL) services. It has now published a public consultation, calling for stakeholder views on the scope and form that the proposed BNPL regulation should take.

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CMA recommendations on new Vertical Agreements Block Exemption Order

The UK Competition and Markets Authority has published its recommendation to the Secretary of State to replace the EU Vertical Agreements Block Exemption Regulation with a new, UK-specific, Vertical Agreements Block Exemption Order.

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Commission publishes industry views on proposed new Vertical Agreements Block Exemption

The EU Commission has recently reported on comments received following a consultation on proposed revisions to the Vertical Block Exemption Regulation and Vertical Guidelines, once the current regulation expires in May 2022.

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Website blocking orders: No Time To Stream

A number of production studios, including Disney, Netflix and Warner Bros, have been granted a website blocking order by the High Court, targeting five websites based outside of the UK, but which were found to be targeting UK users and enabling them to stream unlawful content.

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Brands of Tomorrow winners at the British Luxury Awards

The 12 emerging luxury brands that have completed Walpole's 2021 Brands of Tomorrow programme, in association with Mishcon de Reya, jointly won the Brands of Tomorrow Award at this year's British Luxury Awards, hosted at The Dorchester on 15 November 2021.

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The Hershey Company and Iceland Foods partner on frozen dessert range

MDR Brand Management, Mishcon's brand management arm and longstanding global brand extension partner to The Hershey Company, continues its strategic efforts to expand the brands’ propositions with new UK exclusive products after partnering with Iceland Foods to launch an exclusive range of indulgent frozen desserts.

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Mishcon de Reya supports UnLtd and "The Entrepreneur Ship" in 3,000 mile row

To raise funds for UnLtd and awareness of the benefits of entrepreneurship, Guy Rigby and David Murray of The Entrepreneur Ship are embarking on a 3,000-mile unassisted row from the Canaries to Antigua. Mishcon de Reya is proud to support this quest to champion more pathways into entrepreneurship. Click here to support this important cause.

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