Your questions, answered

Alan Harper, Partner, Intellectual Property, Trade Marks & Designs

Q: Has the Thatchers v Aldi decision made it easier to challenge those who seek replicate or take unfair advantage of well-established brands?

The short answer is, yes. Whilst the Court expressly stated that this decision does not change existing law, it provides very helpful insight and analysis as to how brand holders can challenge copycats and “dupes”. This judgment sets out a clear framework for brand holders to follow to enforce their rights. This starts with businesses having a clear IP strategy which ensures they obtain registered IP rights so as to protect brands, products and services. The judgment then provides guidance on what brand holders must demonstrate to satisfy the legal requirements of trade mark law. Whilst that law remains unchanged, the judgment provides guidance on how to satisfy the legal requirements in the context of the current commercial landscape and market practice.

I fully anticipate brand holders to be emboldened by this decision and I suspect many in the business of creating a cheaper alternative inspired by a market leading brand will be nervous. This judgment provides helpful guidance for both sides of this landscape with lessons to be learnt for all.

As always when it comes to IP, a clear and effective strategy is of vital importance when launching, maintaining and protecting your brand.

In the news…

We have recently commissioned a bespoke industry survey of 100 UK manufacturers, undertaken for us by an independent third party focused on the types of transformation manufacturers are looking to prioritise, the skills they’re lacking within their business to deliver this transformation, manufacturers’ awareness of PE and what would make them more likely to consider PE investment over other sources of finance and what their perfect relationship would look like. To have an initial discussion about our findings, please contact Debbie Jackson.

This latest thought leadership follows on from our launch of the dedicated Factory of the Future microsite, specially developed to provide advice and expertise that manufacturers need to leverage the benefits of smart technology and embrace robot revolutions.

UKREiiF

We’re excited to be attending UKREiiF this year, where we’ll be actively engaging with industry leaders and key stakeholders in the UK real estate and infrastructure sector. As part of our involvement, we’re hosting two key events. Our fringe event, Navigating Funding Needs in the Real Estate Sector Breakfast, in collaboration with OakNorth, will provide an informal setting for networking and insightful discussions on the evolving funding landscape in real estate.

Additionally, our panel session, From Vision to Reality: Delivering the UK’s Growth and Infrastructure Agenda, will explore the UK Government’s ambitions for growth and how they can be effectively delivered. The discussion will cover current constraints and solutions, delivery and funding models to accelerate progress and attract private investment, as well as key financial, legal, and commercial challenges. Drawing on real-world experience, our expert panel will debate the most effective strategies for success.

Register for our panel session here.

If you’re attending UKREiiF this year and would like to meet up with us, or if you need any additional information regarding our events, please contact James Crellin.