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Brand Matters

Issue 33: June 2024

Brand Matters

Editor's Note

Sally Britton - Mishcon de Reya

This issue has a focus on upcoming green reforms. The EU, in particular, is introducing a range of green legislation covering issues from packaging waste through to digital product passports and new rules to combat greenwashing.

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Guide: A Guide to Green Reforms in Retail

The EU is introducing a range of new green legislation that will impact the full lifecycle of a product. In this guide, we examine the key reforms most relevant to the retail sector, providing an overview of the main provisions and the practical steps you need to take to prepare your business.

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EU Green Reforms: EU Packaging and Packaging Waste Regulation

The EU's Packaging and Packaging Waste Regulation will introduce comprehensive requirements for the lifecycle of packaging, aiming to enhance sustainability practices across the EU. Businesses that use distinctive and creative forms of packaging should consider the impact it may have on any IP rights in that packaging, such as trade marks and designs.

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Supreme Court makes a lifestyle choice on directors' liability

Directors are often more than just the hearts and minds of a company. To an IP owner, they can be the solvent alter ego of an infringer in financial difficulties but will the law impose a financial liability on the humans through which an inanimate corporate entity infringes an IP right, or does the corporate veil provide those individuals with an impenetrable shield in all but the most flagrant circumstances? Against this backdrop, the Supreme Court's decision in Lifestyle Equities v Ahmed has arisen.

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Ambush marketing: Playing by the rules

Brands are gearing up for a golden opportunity to engage with massive audiences during the UEFA European Football Championships in Germany and the Olympic and Paralympic Games in Paris. In this article, we dissect the legal risks and provide guidance for brands to safely engage with the excitement of the upcoming sporting events.

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ASA Rulings: Strong Appeal

In this tracker, we provide an insight on the various rulings made by the Advertising Standards Authority relating to the 'strong appeal' test for gambling advertising.

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