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Brand Matters

Issue 27: October 2022

Brand Matters

Editor's Note

sally britton - mishcon de reya

Welcome to the autumn edition of Brand Matters.
The metaverse continues to be a focus for brands and in this edition we feature guidance from the European Union Intellectual Property Office (EUIPO) on protecting trade marks in the metaverse, alongside some other important developments – including around potential risks when issuing notice and takedowns to online platforms. Also featured in this latest edition are developments in relation to designs protection in the UK, including copyright protection for more functional designs, as well as greenwashing claims.

Read the full note

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EUIPO guidance on NFTs and virtual goods provides welcome clarification for brands

Web 3.0 provides brands with a fresh opportunity to engage with existing consumers, and to reach new audiences and sectors. However, the potential for widespread infringement in the metaverse means that brands must ensure their intellectual property portfolios are fit for purpose to preserve their position in this environment.

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RED DAWG v Red Bull – Battle of the Energy Drinks

In the battle between two well-known energy drink giants, the High Court has rejected an appeal against the UKIPO's decision to uphold Red Bull's opposition against an application for RED DAWG.

Green trees in white container

Greener Litigation launches Associate Member Pledge with Vodafone UK

Following the launch of the Greener Litigation Pledge, the first Associate Member has signed the pledge – creating an opportunity for corporates, brands and other organisations who participate in litigation to achieve Net Zero and support Greener Litigation's work.


Jazz Shaper: Anne Boden, Founder & CEO Starling Bank

After a career at the pinnacle of some of the world's top banks, Anne became disillusioned with banking in the aftermath of the financial crash of 2008/09. She quit the sector to start her own bank from scratch.

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