Welcome to the autumn edition of Brand Matters, reporting on several significant developments shaping the landscape for brand owners in the UK.
The UK Intellectual Property Office has launched a major consultation to simplify and modernise design law, with submissions closing on 27 November 2025. This represents a crucial opportunity for designers and others in the industry to influence how design protection evolves to meet contemporary challenges, as well as harnessing potential opportunities following Brexit. In our article, we explore the various proposals and their potential implications.
We also examine the Supreme Court's endorsement of post-sale confusion in Iconix v Dream Pairs which provides clarity on this emerging doctrine, the impact of the UKIPO's new guidance following the SkyKick judgment for trade mark specification drafting, and regulatory developments relating to price marking and business collaboration. Two interesting IPEC decisions feature in our case law analysis: the Shantell Martin wine label case highlights complex liability issues for distributors in global supply chains, whilst 'The Notting Hill shopping bag' decision is a useful reminder of the importance of proper IP succession planning when companies are dissolved.
As always, we welcome your feedback and suggestions for future topics we should cover in Brand Matters. If you have any questions arising from any of the articles, please reach out to me, the author, or your usual contact.