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With China being known as the “factory of the world”, Original Equipment Manufacturing and the intellectual property impact an essential consideration for retailers to ensure this is navigated correctly. OEM’s are an essential part of the Chinese economy and to the functioning of many retailers worldwide. The security of the supply chain is paramount and accordingly the issue of whether the manufacturer of branded product in China solely for export (OEM trade mark use) constitutes use for the purposes of trade mark infringement.
Retail Scanner
NEWS & EVENTS
Issue 17 - March 2024
Welcome to the Spring issue of the HGF Retail Scanner, keeping you updated on news and case law in the retail sector.
This bumper edition of Retail Scanner includes plenty of content to keep you occupied during the Easter bank holiday weekend. There are some interesting discussions around some topical trade mark and design disputes. Apostolos Dakanalis explores unfair advantage and detriment of trade marks through the lens of the recent Lidl v Tesco and Thatchers v Aldi judgments; James Appleyard discusses the recent trade mark dispute between Mothercare and Poundland; Claire Jones looks at the enforcement of non-traditional branding elements in the conflict between Thom Browne and Adidas; and Lee Curtis delivers a late Christmas present with his summary of the recent Court of Appeal decision concerning the infringement of Marks & Spencer’s UK Registered Designs for its light up Christmas gin bottle. On a less contentious note, Rebecca Field discusses whether a geometric sign can function as a trade mark; Claire Jones looks at some of the recent retail business movements and acquisitions to provide some guidance on key considerations that should be taken into account when purchasing IP assets; Greg Combrinck delves into the growing trend of brand collaborations; and Suzan Moss takes us through a chronology of OEM decisions in China to impart some practical considerations for retailers.
The UK baby care market was valued at an estimated £1.3 billion in 2020, so it is little wonder that Mothercare found itself ‘rattled’ at the prospect of Poundland allegedly encroaching on its IP rights. Mothercare, a British retailer specialising in products for expectant mothers, babies, and young children, has long been a household name. With its origins dating back to the 1950s, the brand has built a reputation for quality and reliability in the realm of childcare products. Poundland, no less of a household name, is the well-known discount retailer famous for offering a broad variety of goods at a price point of around £1.
A late Christmas present for M&S in Christmas gin bottle design dispute
On the 27th February 2024, the English Court of Appeal rejected an appeal by Aldi Stores Limited (‘Aldi’) against an earlier decision of the Intellectual Property Enterprise Court (‘IPEC’) on 24th February 2023, that they had infringed a number of United Kingdom Registered Designs in the name of Marks and Spencer Plc (‘M&S’) for the design of a light up Christmas gin bottle.
I have not met many watch aficionados in my time, but some watch makers and/or brands transcend the aficionado space and become recognised amongst the masses. Omega is certainly one of the luxury brands that can be categorised in this way. But for many, the luxury watch market is not a realistic space and the price tag for many of these watches, which range from a couple of thousand to tens of thousands, are out of reach for ordinary folk…… or so we thought.
By Greg Combrinck
By Lee Curtis
Before we get into the case specifics of Stahlwerk (January 2022), which is a Higher People’s Court of Zhejiang Province case, we just need to cover what OEM is and the clear importance to retailers given that not all retailers actually sell goods into the Chinese market , but most probably manufacture there for export into their home markets.
In a nutshell, yes it can! As long as the sign itself functions as a trade mark and fulfils the basic criteria of being a source identifier and distinguishing goods from different undertakings. There have been a flurry of decisions in recent years on signs, especially on footwear, and whether they are distinctive enough to achieve trade mark protection. As everyone knows, having a trade mark is the ultimate protection symbol as it lasts indefinitely and importantly can be used to sue a competitor over an identical or similar sign!
By Rebecca Field
By Apostolos Dakanalis
We look at unfair advantage and detriment through the lens of the recent Lidl v Tesco and Thatchers v Aldi judgments. Two very different outcomes on the same legal principles and perhaps a point of contention on appeal.
By Claire Jones
Adidas the well known German sportwear and apparel brand, around 1949 started using three stripes on a pair of running shoes, with the three stripes now being an integral part of Adidas’ brand identity across footwear and clothing.