Mishcon de Reya page structure
Site header
Main menu
Main content section

Brand Matters

Issue 29: May 2023

Brand Matters

Editor's Note

Sally Britton - Mishcon de Reya

Welcome to the Spring 2023 edition of Brand Matters.  
In this edition, we discuss some significant Court rulings, such as the High Court's decision in the logo battle between Lidl and Tesco, as well as commentary on key new legislation including the UK's Digital Markets, Competition and Consumer Bill which was introduced in April 2023 and will bring changes to consumer protection, and the EU's Digital Services Act package.  We also bring you one of our latest Jazz Shapers programmes featuring Polly McMaster from The Fold, a leading women's workwear brand.

Read the full note

Orange Stairs

High Court delivers ruling on logo battle between Lidl and Tesco

The High Court has handed down its long-anticipated ruling in Lidl's claim against Tesco following its 2020 launch of a yellow and blue Clubcard logo. The Court concluded that Tesco's use of the Clubcard logo infringed Lidl's trade mark for its own yellow and blue logo by taking unfair advantage of Lidl’s reputation for value and being detrimental to the distinctive character of the Lidl logo. It also amounted to copyright infringement and passing off.


Watch this space: new EU Regulation seeks to clean up the internet

The EU Digital Services Act ("DSA") came into force on 16 November 2022. Imposing specific obligations on internet intermediaries, the DSA has the aim of protecting users' fundamental online rights, streamlining the removal of illegal content, and improving online accountability.


EU General Court debates the F-Word

The General Court has confirmed that the mark "F--KING AWESOME", owned by an American skateboarding and fashion brand, is not sufficiently inherently distinctive to function as a registered trade mark in the EU.

Abstract crypto data

Success for Hermès in trade mark infringement action over artist's MetaBirkins NFTs

In the hotly anticipated decision on the application of trade mark law in relation to NFTs, a US jury concluded that the creator of Metabirkins is liable for trade mark infringement and dilution, and cybersquatting for the MetaBirkins NFTs, and is also not protected by the First Amendment free speech protections that encompasses freedom of artistic expression.

Abstract image of building

BIG MAC success: a cautionary tale about trade mark evidence

McDonald's has prevailed in its second attempt to prove use of, and thereby maintain, its BIG MAC EUTM, following a challenge by Irish fast food chain, Supermac's. The case highlights that, irrespective of how popular or well-known a mark may be, a trade mark owner must not assume that genuine use can easily be established, they must still prove the genuine use through appropriate evidence.

Abstract blockchain network

UKIPO publishes long-anticipated guidance on NFTs, virtual goods and virtual services

In response to significant numbers of trade mark applications containing terms relating to services in the metaverse, virtual goods and non-fungible tokens (NFTs), intellectual property offices around the world are issuing guidance to applicants as to how to frame their applications and the specifications of goods and services for which they seek protection.


Jazz Shaper: Polly McMaster

Polly McMaster is a former finance professional and the founder behind The Fold, a luxury workwear brand that empowers self-belief, elevates workwear and champions ambition.

Previous Issues

How can we help you?

How can we help you?

Subscribe: I'd like to keep in touch

If your enquiry is urgent please call +44 20 3321 7000

I'm a client

I'm looking for advice

Something else