This publication is from our archive and no action should be taken in reliance on it without specific legal advice. You can see our latest publications here. Brand Matters Issue 20: January 2021 News Court finds infringement of registered Community design for sustainable ballerina shoe The IPEC has found registered Community design infringement in favour of Rothy's, a sustainable shoe brand from California. Following the Supreme Court decision in 'Trunki', this case highlights the importance of accurately representing new and innovative design features when applying to register a design. News EU Digital Services Act: Changes to regulation of online intermediary services The European Commission has published a package of measures relating to regulation of internet intermediaries – the Digital Services Act - aimed at ensuring a 'safe and accountable online environment' through improved mechanisms for the removal of illegal content. News European Court finds that CBD is not a narcotic The European Court of Justice has ruled that a particular form of CBD, derived from industrial hemp, is not a narcotic as “it does not appear to have any psychotropic effect or any harmful effect on human health”. This judgment from the EU's highest court is undoubtedly positive for the CBD industry. News IPEC considers infringement through 'bait and switch' selling online The IPEC has given some helpful guidance on when bait and switch sales online - where a Defendant uses the Claimant's mark as a bait to attract the consumer's attention, and then exploits the opportunity to switch that customer's attention to its own product or service – might amount to trade mark infringement. Subscribe Never miss a publication by signing up to our mailing list Subscribe Brand Matters: Subscribe
News Court finds infringement of registered Community design for sustainable ballerina shoe The IPEC has found registered Community design infringement in favour of Rothy's, a sustainable shoe brand from California. Following the Supreme Court decision in 'Trunki', this case highlights the importance of accurately representing new and innovative design features when applying to register a design.
News EU Digital Services Act: Changes to regulation of online intermediary services The European Commission has published a package of measures relating to regulation of internet intermediaries – the Digital Services Act - aimed at ensuring a 'safe and accountable online environment' through improved mechanisms for the removal of illegal content.
News European Court finds that CBD is not a narcotic The European Court of Justice has ruled that a particular form of CBD, derived from industrial hemp, is not a narcotic as “it does not appear to have any psychotropic effect or any harmful effect on human health”. This judgment from the EU's highest court is undoubtedly positive for the CBD industry.
News IPEC considers infringement through 'bait and switch' selling online The IPEC has given some helpful guidance on when bait and switch sales online - where a Defendant uses the Claimant's mark as a bait to attract the consumer's attention, and then exploits the opportunity to switch that customer's attention to its own product or service – might amount to trade mark infringement.