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Brand Matters

Issue 26: June 2022

Brand Matters

Editor's Note

Sally Britton, Partner, Dispute Resolution

Welcome to the spring edition of Brand Matters. Last week we were delighted to host the Mishcon Style Gallery, our annual pop-up shopping event for some of the UK's most exciting boutique luxury brands.

Read the full note


Court confirms copyright can protect characters: Cushty!

The UK Intellectual Property Enterprise Court has recently delivered an important and interesting decision relating to copyright finding that the character of 'Del Boy' from Only Fools and Horses is protected as a literary work, and also assessing the boundaries of the fair dealing for parody/pastiche defence.


The push and pull of online trade mark infringement

The Court of Appeal has overturned the judgment of the High Court in Lifestyle Equities v Amazon, finding Amazon liable for trade mark infringement through its acts of advertising, offering for sale and selling US branded goods to consumers in the UK and EU markets via its website amazon.com.


ASA rules on snack advertising campaign for 'The Hundred'

The Advertising Standards Authority has recently ruled that an email and paid-for Instagram advertisement in an advertising campaign for "The Hundred" cricket tournament, were in breach of the rules regulating the advertisement of food products that are high in fat, salt and sugar.


Victory for Ed Sheeran in "Shape of You" Copyright Dispute

The much publicised Ed Sheeran case demonstrates that mere similarity to an earlier musical/literary work does not in itself amount to copyright infringement. It must be proven that copying (whether consciously or subconsciously) has occurred.


Compulsory shop leases – what, why and how?

In the Queen's Speech on 10 May, the Government announced plans to compel landlords of empty shop units to rent them out. The following day, the Levelling-up and Regeneration Bill was published, giving more details on how this is meant to work.

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