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The Lego minifigure, which is – quite obviously – well-known among the relevant consumers in the EU and registered as a three-dimensional EU trademark on the basis of acquired distinctiveness, has always been under heavy attack. At the moment, the now fourth application for cancellation is pending before the...
Retail Scanner
NEWS & EVENTS
Issue 15 - March 2023
Welcome to the first edition of the 2023 Retail Scanner, and a number of high profile and interesting cases to digest! It's retail wars galore, with Apostolos Dakanalis and Geoffrey Smith looking at the recent discount battles of Tesco vs Lidl and M&S vs Aldi, and Rebecca Field considering whether Amazon is liable for infringing third party rights. We also look further afield with Lee Curtis reviewing the Decathlon store layout decision in China and Olivia Petter discussing Lego’s successful actions in Germany. Finally, Cherry Shin considers the guidance issued in the first ever NFT “Metabirkins” trial in the USA.
Lidl launched proceedings against Tesco in 2022 alleging trade mark and copyright infringement. The full trial between Tesco and Lidl started before the High Court in February 2023. With the parties battling over their use of their yellow circle logos, we look at what has happened so far, where we are at and what to look forward to...
The MetaBirkins case has attracted attention from brand owners, artists and trade mark attorneys all over the world, as it is the first to shed light on the protection of marks in the field of the Metaverse. The verdict is finally out and Hermès has won the battle against Mason Rothschild over the use of MetaBirkins for NFT's...
The copying of whole retail formats in China is not unknown. Decathlon (Shanghai) Sports Products Co., Ltd were successful against a Chinese outdoor sports retailer under the law of unfair competition based on unregistered rights. Find out more about this case and how this decision is good news for retailers...
This case illustrates how a well thought out design registration strategy helped Marks and Spencer win the day against the discount specialist, Aldi. It is another chapter in the ongoing saga between established product/brand leaders and the producers of affordable/discount lookalikes...
The Court of Justice of the European Union held back that the retailing giant Amazon could be held liable in relation to advertisements on its online platform selling ‘fake’ Christian Louboutin branded shoes. The original proceedings were brought by Christian Louboutin against...
