Brand Matters Issue 27: October 2022 Editor's Note 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 News 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. News Unjustified threats of IP infringement proceedings and online marketplaces Following a decision where the Court held that the use of the notice and takedown procedure on Amazon was an unjustified threat of IP infringement proceedings, rightsholders should consider the threats regime very carefully when using any form of online takedown procedure. News Court considers whether copyright can protect a rowing machine Copyright law is evolving, (relatively) quickly. The decision in Waterrower v Liking is the latest development considering protection of functional designs through copyright. Podcast Mishcon Academy: Digital Sessions - Sustainable shopping in practice - with Rupa Ganguli, Founder and CEO of Inclusive Trade Emma Webb, Associate, discusses sustainable shopping in practice with Rupa Ganguli, Founder and CEO of Inclusive Trade. News Less is more when it comes to the registration of colour marks In a recent appeal from the UK Intellectual Property Office concerning Cadbury's colour purple marks, the Court has provided further guidance regarding the registration of colour trade marks. News Good customer service: ensuring assistance dogs and their users can access shops Providing excellent customer service to a diverse customer base is essential, particularly in the current retail climate, and many retailers are taking pro-active steps to improve accessibility to their businesses. News UK designs framework: Government paves way for future consultation Following its recent Call for Views, the Government has indicated a consultation will be published in respect of the UK's future designs protection and enforcement framework. News Changes announced to make UKCA product marking transition easier In June 2022, the Government announced a range of changes to make it simpler for businesses to apply the new UKCA (UK Conformity Assessed) marking. News 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. News 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. Post 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. Subscribe Never miss a publication by signing up to our mailing list Subscribe to Mailings Brand Matters: Subscribe Brand Matters Issues Later Earlier Issue 33 Jun 2024 Issue 32 Mar 2024 Issue 31 Nov 2023 Issue 30 Aug 2023 Issue 29 May 2023 Issue 28 Feb 2023 Issue 27 Oct 2022 Issue 26 Jun 2022 Issue 25 Mar 2022 Issue 24 Dec 2021 Issue 23 Sep 2021 Issue 22 Jul 2021 Issue 21 May 2021 Issue 20 Jan 2021 Issue 19 Nov 2020 Issue 18 Sep 2020 Issue 17 May 2020 Issue 16 Mar 2020 Issue 15 Dec 2019 Issue 14 Oct 2019 Issue 13 Jul 2019 Issue 12 Apr 2019 Issue 11 Dec 2018 Issue 10 Oct 2018 Issue 9 Jul 2018 Issue 8 Apr 2018 Issue 7 Nov 2017 Share
News 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.
News Unjustified threats of IP infringement proceedings and online marketplaces Following a decision where the Court held that the use of the notice and takedown procedure on Amazon was an unjustified threat of IP infringement proceedings, rightsholders should consider the threats regime very carefully when using any form of online takedown procedure.
News Court considers whether copyright can protect a rowing machine Copyright law is evolving, (relatively) quickly. The decision in Waterrower v Liking is the latest development considering protection of functional designs through copyright.
Podcast Mishcon Academy: Digital Sessions - Sustainable shopping in practice - with Rupa Ganguli, Founder and CEO of Inclusive Trade Emma Webb, Associate, discusses sustainable shopping in practice with Rupa Ganguli, Founder and CEO of Inclusive Trade.
News Less is more when it comes to the registration of colour marks In a recent appeal from the UK Intellectual Property Office concerning Cadbury's colour purple marks, the Court has provided further guidance regarding the registration of colour trade marks.
News Good customer service: ensuring assistance dogs and their users can access shops Providing excellent customer service to a diverse customer base is essential, particularly in the current retail climate, and many retailers are taking pro-active steps to improve accessibility to their businesses.
News UK designs framework: Government paves way for future consultation Following its recent Call for Views, the Government has indicated a consultation will be published in respect of the UK's future designs protection and enforcement framework.
News Changes announced to make UKCA product marking transition easier In June 2022, the Government announced a range of changes to make it simpler for businesses to apply the new UKCA (UK Conformity Assessed) marking.
News 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.
News 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.
Post 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.