Search results

Oh (no) Polly – clothing brand infringed the design rights of a direct competitor the High Court finds

Published on 17 Mar 2021. By Sarah Mountain, Partner and Ellie Chakarto, Senior Associate

The High Court has held that G4K Fashion Limited, trading as 'Oh Polly', has infringed UK unregistered design rights (UKUDR) and community unregistered design rights (CUDR) owned by Original Beauty Technology Company Limited (Original Beauty) by copying several of its 'bodycon' and 'bandage' garments. Original Beauty was, however, unable to establish passing off.

Hold your horses: Raceday data dispute likely to head to Supreme Court

Published on 06 Jan 2021. By David Cran, Partner, Head of IP & Tech and Georgia Davis, Of Counsel

In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.

Brexit – a guide to protecting your rights from 1 January 2021

Published on 15 Dec 2020.

Like many other areas of law, intellectual property (IP) will undergo a raft of changes overnight, when the Brexit transition period expires on December 31 2020.

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 Nov 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead

The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 Nov 2020. By David Cran, Partner, Head of IP & Tech

C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion

Too many cooks… 'Fit Kitchen' trade mark infringed

Published on 11 Aug 2020. By Ben Mark, Partner and Sarah Mountain, Partner

On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.

British Gymnastics lands well in trade mark infringement proceedings

Published on 29 Jul 2020. By Joshua Charalambous, Partner

The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).

Sega’s early win against Man Utd in Football Manager trade mark case

Published on 27 Jul 2020. By Jeremy Drew, Partner, Head of Commercial and Samuel Coppard, Senior Associate

As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.

Luxury and online marketplaces - the next chapter (Coty v Amazon)

Published on 01 Jun 2020. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Sarah Mountain, Partner

On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 Apr 2020. By Ben Mark, Partner and Sarah Mountain, Partner

Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

EUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings

Published on 01 Apr 2020. By Ben Mark, Partner

The EUIPO has issued a clarification in respect of Decision No EX-20-3 noting that the extension of deadlines in trade mark and design EUIPO proceedings to 1 May 2020 applies automatically.

So Long Blues

Published on 28 Feb 2020. By Ben Mark, Partner

Following our previous IP hub update, Glaxo has suffered fresh survey woes.

15% increase in counterfeit goods seized in 2015

Published on 11 Oct 2016. By David Cran, Partner, Head of IP & Tech and Ben Mark, Partner

According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.

Carers Week Special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces, with Rachel Pears and Zahra Lakhan-Bunbury

Published on 25 Jun 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

Hong Kong’s New 468 Rule for Continuous Employment

Published on 23 Jun 2025. By Andrea Randall, Partner and Courtney So, Associate

On 18 June 2025, LegCo passed the Employment (Amendment) Bill 2025 (the "Bill"). The Bill revises the working hours threshold for determining continuous employment and makes it easier for employees to enjoy the employment protection available under the Employment Ordinance (Cap. 57). The revised continuous contract requirement will take effect from 18 January 2026.

Carers Week Special (Part 1): Lived experiences, the law and the role of employers, with Rachel Pears and Zahra Lakhan-Bunbury

Published on 11 Jun 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

Supreme Court ruling on the definition of "sex": What does this mean for employers? with Patrick Brodie and Kelly Thomson

Published on 04 Jun 2025.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

The European Accessibility Act: Creating a more inclusive consumer experience

Published on 29 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Hettie Homewood , Senior Associate

With less than 1 month to go until the requirements of the EU Accessibility Act (the EAA) come into full force and effect, retailers, consumer brands and hospitality providers should ensure they are ready for the changes.

The Work Couch: Navigating trauma in the legal world (Part 2), with Rebecca Norris and Camilla Wells: Implementing a trauma-informed work culture

Published on 28 May 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

The Work Couch: Navigating trauma in the legal world (Part 1), with Rebecca Norris and Camilla Wells: Spotting the signs and understanding the science

Published on 14 May 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

“Ronan’s Law” to impact retailer and online platform liability for knife sales

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How will the UK’s proposal to crack down on the online sale of knives impact retailers?

EU “ecodesign” product regulation lands, together with new digital product passport

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?

EU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How concerned should online marketplaces be about new EU rules on e-commerce imports?

EU Online Dispute Regulation Platform discontinued!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts

CJEU considering liability of App Store providers for unlawful loot boxes

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?

CMA guidance on unfair commercial practices under the DMCCA

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

CMA’s enforcement road map for the new DMCCA plus consumer protection priorities

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?

Ten years of the Modern Slavery Act: renewed focus on business responsibility

Published on 08 May 2025. By Patrick Brodie, Partner, Head of Employment, Engagement and Equality and Eve Matthews, Associate

On 24 March 2025, the Home Office published its updated Transparency in Supply Chains (TISC) guidance, offering detailed recommendations to assist organisations in complying with their obligations under Section 54 of the Modern Slavery Act 2015.

Neonatal Care Leave: What do employers need to know?

Published on 07 May 2025. By Kim Wright, Senior Associate and Joanna Holford, Senior Associate and Brodie Walker, Trainee Solicitor

On 6 April 2025, the long-awaited new statutory right to neonatal care leave came into effect in England, Wales and Scotland. The new right provides employees with up to 12 weeks' leave if their babies spend an extended period in neonatal care.

The Work Couch: Neonatal care leave (Part 2): Managing the process and supporting employees, with Joanna Holford and Catriona Ogilvy

Published on 16 Apr 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

The Work Couch: Neonatal care leave (Part 1): What is the new right, who is eligible, and does the law go far enough? With Joanna Holford and Catriona Ogilvy

Published on 02 Apr 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

What if the CEO asks me about… our exposure to packaging fees under EPR?

Published on 01 Apr 2025. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Ciara Cullen, Partner, Retail & Consumer Sector Lead and Harpreet Kaur, Associate

The Producer Responsibility Obligations (Packaging and Packaging Waste) (EPR) Regulations 2024 (EPR Regulations) came into force on 1 January 2025. They will affect most businesses that supply packaging in the UK, particularly brand owners of branded packaged products, and those who import branded products into the UK from overseas.

What if the CEO asks me about… the EU's Omnibus Directive?

Published on 19 Mar 2025. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner - Corporate and Thomas Jenkins, Of Counsel and Kelly Thomson, Partner, ESG Strategy Lead

On 26 February 2025, the EU Commission published its proposed Omnibus Directive, aiming to simplify EU rules, boost competitiveness and reduce the perceived regulatory burden on businesses, particularly SMEs. Here, we break down the key takeaways for busy in-house teams and discuss what we can expect next from the EU Parliament and Council.

The Work Couch: What to expect at an employment tribunal: appearing as a witness, with Kim Wright and Joseph England

Published on 19 Mar 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

Employment Rights Bill: 10 key amendments explained

Published on 13 Mar 2025. By Patrick Brodie, Partner, Head of Employment, Engagement and Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

On 5 March 2025, the government published a 200 page amendment paper containing a wide range of amendments to the draft Employment Rights Bill (the Bill). A number of the amendments follow the government's response to various consultations on some of the most significant proposed reforms. We highlight 10 of the key amendments and what they mean for employers.

6 April 2025 - date confirmed for UK consumer protection law regime overhaul

Published on 12 Mar 2025. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Hettie Homewood , Senior Associate

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) is set to substantially overhaul the UK's consumer protection law and enforcement regime. We now know the date that key consumer protection and enforcement changes will come into force: 6 April 2025.

The Work Couch: Data protection and HR-related challenges (Part 2), with Jon Bartley and Helen Yost

Published on 05 Mar 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

Six steps to AI Literacy (whether legally required to or not)

Published on 27 Feb 2025. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer

At the beginning of February 2025, the AI literacy requirement under the EU AI Act came into force. The effect of this is that certain businesses must take measures to ensure a sufficient level of AI literacy in their staff.

The Work Couch: Preventing sexual harassment - is your business compliant?

Published on 19 Feb 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

The Work Couch: Data protection and HR-related challenges (Part 1), with Jon Bartley and Helen Yost

Published on 05 Feb 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

What impact will the Employment Rights Bill have on the hospitality sector?

Published on 03 Feb 2025. By Patrick Brodie, Partner, Head of Employment, Engagement and Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

The Employment Rights Bill (the Bill) - championed as "the biggest upgrade to workers' rights in a generation" - introduces 28 individual employment law reforms. The key changes of relevance to the hospitality sector include the implementation of "day one" rights, including unfair dismissal protection, and the end of zero-hour contracts.

The Work Couch: What's on the horizon for employment law in 2025?

Published on 22 Jan 2025.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

CMA investigates Ticketmaster for dynamic pricing of Oasis tickets

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

Can dynamic pricing breach consumer protection rules?

European consumer body challenges in-game premium currencies

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech and Gowri Chandrashekar, Senior Associate

When does the use of in-app and in-game premium currencies pose consumer regulatory issues? Does this consumer complaint herald a tightening by the EU on revenue streams for game and app developers and platforms?

CMA publishes guidance for fashion retailers on environmental claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How best can fashion retailers protect themselves from regulatory action when making green claims?

CJEU rules on pricing display strategies of Aldi Süd

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

UK pricing practices in the spotlight

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What should businesses take note of recent amendments to the UK’s Price Marking Order and the CMA’s newly published report on loyalty pricing?

News Flash: Timeline for the Digital Markets, Competition and Consumers Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

On 24 May 2024, the UK’s Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent.

The Work Couch: Disability inclusion at work (Part 3): What does genuine accessibility look like? with Samantha Renke

Published on 03 Dec 2024.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.