Issue 9 - April 2021

Retail Scanner

Welcome to our first issue of the Retail Scanner for 2021. Whilst the Covid-19 pandemic has continued to stall our personal freedoms, trade mark matters have seen no sign of slowing down, and we have some interesting updates to share. In this issue we look at acquisition of high street brands, upcycling, Freddy SpA v Hugz Clothing, DOC Dairy Partner BV v Dairy Partners Limited and Halloumi battles.

Product upcycling and brand owners

By Suzan Ure

Upcycling has become increasingly popular in recent years, the increase environmental awareness amongst both businesses and consumers driving the trend, but with this comes new challenges for brand owners…

Everything but the…shops

By Lauren Somers

Over the last year, online retailers have been snapping up high street brands but not their stores. In February, Arcadia’s TOPSHOP, TOPMAN, MISS SELFRIDGE and HIIT brands sold to ASOS for £265 million, separate to the £65 million paid for current and future stock. In January, Boohoo purchased Debenhams’ brands and website for £55 million but noticeable did not take on its 124 stores…

Descriptive company names – Dairy Partners BV v DOC Dairy Partners Limited

By Kasper Radstake

In a long-awaited decision, the Dutch Supreme Court has recently handed down a judgement providing clarity on the conditions for protection of more or less descriptive company names in the Netherlands…

Long road for Halloumi

By Claire Jones

In a previous issue of Retail Scanner in July 2020, we discussed the CJEU decision in the long running dispute over the marks “HALLOUMI” and “BBQLOUMI”, brought by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (the “Foundation”)…

Copycat routes of action – decisive protection for designers

By Rebecca Field

IPEC handed down a victory on 19th November 2020 to Italian manufacturer Freddy SpA. This company distributed a pair of trousers known as WR.UP pants (launched in 2012) – designed to lift and separate buttocks, thus enhancing the wearer’s bottom…