Welcome to this edition of Brand Matters.
As 2025 draws to a close, we report on a number of significant case law developments, with a particular focus on trade mark registrability issues – including the Court of Appeal decision in Thom Browne v adidas, where the Court analysed for the first time registrability of 'position marks', in this case concerning the positioning of adidas' three-stripe marks on clothing. We were delighted to act for Thom Browne in this important case (see below for some comments from the team involved).
The Government consultation on potential reforms to the UK's design protection regime closes on 27 November and we are involved in considering the implications of the various proposals. The consultation covers a broad range of topics from how to deal with abusive design applications through to the complex patchwork of protection for protecting designs. We encourage designers to engage with the aspects of the consultation of particular importance to them and would be very happy to discuss this further with you.
Our Disputes Essentials breakfast event on 26 November should be of interest to those of you negotiating and litigating contractual arrangements. Join our panel (including my co-Head of the Retail Group, Lewis Cohen) for a discussion of the practical side of contractual interpretation, including tips on how to reduce the risk of disputes.
If you have any feedback and suggestions for topics we could cover in Brand Matters, we would be delighted to hear from you. If you have any questions arising out of any of the articles, please contact me or your usual Mishcon contact.