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Brand Matters

Issue 20: January 2021

Brand Matters
Sally Britton, Partner, Dispute Resolution Post

Editor's Note

Welcome to the first 2021 edition of Brand Matters.


The EU/UK Trade and Co-operation Agreement

The EU/UK Trade and Co-operation Agreement was reached on Christmas Eve and took effect from 1 January 2021. Alongside ensuring that goods may continue to be traded between the UK and EU tariff-free, the TCA contains a number of important provisions relating to digital trade and IP rights.


No Hugz for you: copycat shapewear jeans infringe various IP rights

The IPEC's recent judgment in Freddy v Hugz is a rare case running the gamut of trade marks, designs and patent infringement, as well as contractual claims. Even more unusual is the fashion context, given that such disputes often settle before reaching the courts.


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.


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.

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