Brand Matters Issue 32: March 2024 Editor's Note Welcome to our Spring 2024 edition of Brand Matters. AI continues to be a key area of focus for Brand owners. With the Government recently confirming that it has not been possible to broker a voluntary code of practice between AI developers and rights holders relating to the use of IP works in the training of AI tools, and the Courts faced with a number of lawsuits on these issues, there is much to look out for in the coming months (you can follow the various cases and policy developments in our tracker). Read the full note News Amazon's US website found to target UK and EU consumers The Supreme Court has upheld the judgment of the Court of Appeal in Lifestyle Equities v Amazon, ruling that Amazon was liable for trade mark infringement News Design rights and 'lookalikes': Court of Appeal confirms infringement by Aldi of M&S festive gin bottle The Court of Appeal has dismissed Aldi's appeal against 2023's IPEC judgment, which found that Aldi had infringed four of Marks & Spencer's UK design registrations for its wintry-themed liqueur bottle. News A bitter finding for Thatchers as Aldi 'lookalike' held not to infringe In the latest 'lookalike' products case, the Intellectual Property Enterprise Court has found that Aldi had not infringed Thatchers' trade mark in relation to its cloudy lemon cider drink,and had also not passed off its product. News Swatch v Samsung: An unfavourable outcome for app stores The Court of Appeal has upheld the High Court’s judgment in favour of companies in the Swatch Group in a claim of trade mark infringement against Samsung confirming the extent to which app stores are responsible for apps on their platform. News Court of Appeal upholds decision in relation to threats of IP litigation made on the Amazon selling platform The Court of Appeal has upheld a decision that communications made using the Amazon IP rights notification and takedown system relating to lithium-ion batteries offered on the online selling platform were unjustified threats of intellectual property litigation. News Government confirms failure to reach agreement on copyright/AI Code of Practice As widely anticipated, the Government has confirmed, in its response to the AI White Paper consultation, that it has not been possible for the UKIPO to broker a voluntary code of practice between AI developers and rights holders relating to the use of copyright protected materials in the training of AI tools. News Sweeping changes: Recent case sheds light on trade mark acquiescence In a landmark recent decision (Industrial Cleaning Equipment v Intelligent Cleaning Equipment) concerning statutory acquiescence, the Court of Appeal decided, for the first time in an IP case, to depart from retained EU case law. News Understanding the risks of employees using generative AI without appropriate guidance The recent case of Harber v The Commissioners for His Majesty’s Revenue and Customs, in which the court was presented by precedents which were found to be 'hallucinations' by a Generative AI programme, highlights the need for employers to implement effective genAI policies. News Metaverse: Managing workplace behaviours online Employers increasingly require employees to work and meet in the metaverse. Whilst doing so has its advantages, it also raises a number of HR issues, not least ensuring that staff behaviour in the metaverse remains as professional as in other work environments. News Government Responds to DCMS Committee's Recommendations on NFTs We previously wrote about the report published by the Digital Culture, Media and Sport (DCMS) Committee regarding NFT marketplaces, and their "safe harbour" protections. The Government has now published its response to the Committee's recommendations. JazzShaper Jazz Shaper: Connie Nam Connie Nam launched Astrid & Miyu in 2012, trying to solve her personal pain points of not being able to find well made, well designed jewellery pieces with an exciting brand experience. Previous Issues Next 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 Amazon's US website found to target UK and EU consumers The Supreme Court has upheld the judgment of the Court of Appeal in Lifestyle Equities v Amazon, ruling that Amazon was liable for trade mark infringement
News Design rights and 'lookalikes': Court of Appeal confirms infringement by Aldi of M&S festive gin bottle The Court of Appeal has dismissed Aldi's appeal against 2023's IPEC judgment, which found that Aldi had infringed four of Marks & Spencer's UK design registrations for its wintry-themed liqueur bottle.
News A bitter finding for Thatchers as Aldi 'lookalike' held not to infringe In the latest 'lookalike' products case, the Intellectual Property Enterprise Court has found that Aldi had not infringed Thatchers' trade mark in relation to its cloudy lemon cider drink,and had also not passed off its product.
News Swatch v Samsung: An unfavourable outcome for app stores The Court of Appeal has upheld the High Court’s judgment in favour of companies in the Swatch Group in a claim of trade mark infringement against Samsung confirming the extent to which app stores are responsible for apps on their platform.
News Court of Appeal upholds decision in relation to threats of IP litigation made on the Amazon selling platform The Court of Appeal has upheld a decision that communications made using the Amazon IP rights notification and takedown system relating to lithium-ion batteries offered on the online selling platform were unjustified threats of intellectual property litigation.
News Government confirms failure to reach agreement on copyright/AI Code of Practice As widely anticipated, the Government has confirmed, in its response to the AI White Paper consultation, that it has not been possible for the UKIPO to broker a voluntary code of practice between AI developers and rights holders relating to the use of copyright protected materials in the training of AI tools.
News Sweeping changes: Recent case sheds light on trade mark acquiescence In a landmark recent decision (Industrial Cleaning Equipment v Intelligent Cleaning Equipment) concerning statutory acquiescence, the Court of Appeal decided, for the first time in an IP case, to depart from retained EU case law.
News Understanding the risks of employees using generative AI without appropriate guidance The recent case of Harber v The Commissioners for His Majesty’s Revenue and Customs, in which the court was presented by precedents which were found to be 'hallucinations' by a Generative AI programme, highlights the need for employers to implement effective genAI policies.
News Metaverse: Managing workplace behaviours online Employers increasingly require employees to work and meet in the metaverse. Whilst doing so has its advantages, it also raises a number of HR issues, not least ensuring that staff behaviour in the metaverse remains as professional as in other work environments.
News Government Responds to DCMS Committee's Recommendations on NFTs We previously wrote about the report published by the Digital Culture, Media and Sport (DCMS) Committee regarding NFT marketplaces, and their "safe harbour" protections. The Government has now published its response to the Committee's recommendations.
JazzShaper Jazz Shaper: Connie Nam Connie Nam launched Astrid & Miyu in 2012, trying to solve her personal pain points of not being able to find well made, well designed jewellery pieces with an exciting brand experience.