Retail therapy

Shop til' you Pop: Amazon's Electric Avenue

Published on 27 June 2019. By Rachael Ellis, Associate and Lucy Baughan, Associate

Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.

Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Senior Partner

The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

Looking at the success of the UK's war on plastic

Published on 29 May 2019.

Savvy brands will be working to realise the potential of reducing plastic consumption; not just from a sustainability perspective but also from a sales and branding perspective. Not only could it help to save the penguins, but also to boost sales.

Government assessing business rates for warehouses

Published on 29 April 2019.

The Financial Times recently reported that the Government has been assessing warehouse rents, in advance of the next revaluation for business rates.

Fixing Fast Fashion: Parliament aims to put the brakes on retailers

Published on 10 April 2019. By Jeremy Drew, Head of Commercial

'Fast fashion' has been providing inexpensive, up to date styles to the mass market for decades, keeping the consumer both on trend, and in the black. However, as society becomes increasingly aware of the environmental and social impact of the retail sector, Parliament has thrown a spotlight upon the sustainability of 'fast fashion' and the modern retailing practices which underpin it.

Worried you'll run out of milk: what does your contract say?

Published on 09 April 2019. By Rachael Ellis, Associate and Ciara Cullen, Partner

This isn't a 'B'-word blog, don't worry. But with 'B' looming (in whatever form it may take) UK businesses are facing unprecedented uncertainty when it comes to their supply chain – talk continues of border delays, stock piling and shortages.

Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 January 2019. By Oliver Bray, Senior Partner

Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.

Retail Compass: Navigating future change

Published on 10 January 2019. By Jeremy Drew, Head of Commercial and Karen Hendy, Head of Corporate

We are pleased to present our Retail Compass New Year edition 2019.

#Ad-vice for Influencers and Brands: how to comply with CAP's new Influencer's Guide

Published on 26 October 2018. By Oliver Bray, Senior Partner

To help influencers and brands comply with the legal requirements around influencer marketing the CAP issued An Influencer's Guide to making clear that ads are ads, developed in conjunction with the CMA.

The Modern Slavery Act 2015 – Under Review

Published on 13 September 2018. By Jeremy Drew, Head of Commercial

Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.

Implications of the Modern Slavery Act 2015 on UK and overseas businesses

06 September 2018

Partner Jeremy Drew and Amelia Cave discuss the current Modern Slavery Act 2015 and why businesses in the UK and overseas should be mindful of its provisions.

Our latest legal 'Snapshot' updates are now available

Published on 06 September 2018. By Jonathan Greenway, Senior Associate

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it? In this blog post we have handpicked the ones which matter most to you as retailers.

Update: Automated and Electric Vehicles Act 2018

Published on 10 August 2018. By Richard Breavington, Partner

New legislation relating to automated vehicles clarifies liability issues and insurance coverage, and adds provisions relating to electric vehicles.

Online resale price maintenance and pricing software under scrutiny

Published on 30 July 2018. By Melanie Musgrave, Of Counsel

The imposition of fixed or minimum prices on their online retailers, in breach of EU competition law, has resulted in four consumer electronics manufacturers being fined over €111 million in total by the European Commission.

Investing to Innovate

Published on 26 July 2018. By Mark Crichard, Partner

Ocado aims to "change the way the world shops" with B2B technology offerings for retailers

RPC Retail Compass: Navigating future change

Published on 04 July 2018. By Jeremy Drew, Head of Commercial and Karen Hendy, Head of Corporate

We are delighted to present the 2018 Summer edition of RPC Retail Compass.

Value Added – New VAT "joint liability" risk for online marketplaces

Published on 30 April 2018. By Robert Waterson, Partner

The flow of goods cross-border has increased significantly as a result of the inexorable rise of the online marketplace. Policing the tax aspect of online businesses has created numerous difficulties for national authorities. In no area is this felt more than VAT, where many online traders (both inside and outside the EU) have opted wittingly or otherwise to evade tax by simply not registering or accounting for VAT in any jurisdiction.

Properties are Heating Up – New Minimum Energy Efficiency standard to come into force

29 March 2018

On 1 April 2018 the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2018 ("the Regulations") will come into force, introducing Minimum Energy Efficiency Standards ("MEES") for privately rented properties, including retail properties.

How to demonstrate your value during a crisis

Published on 21 March 2018. By Jeremy Drew, Head of Commercial

Jeremy Drew recaps his session from the Enterprise GC Conference - How to demonstrate your value when the media lens is on your business.

Considerations for future GCs

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner

Partner Jon Bartley and Head of Corporate Karen Hendy recap key points from the Enterprise GC conference including key considerations for the future.

Main themes from the Enterprise GC Conference

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner and Jeremy Drew, Head of Commercial

Jon Bartley, Karen Hendy and Jeremy Drew discuss the main themes from the Enterprise GC Conference.

Reality Retail

Published on 16 February 2018. By Ben Harris, Associate

Continuing its trend of introducing disruptive innovations to the retail market, Amazon recently opened its first checkout-free supermarket, 'Amazon Go', to the public. In light of this, we thought we would take a look at some of the other retailers using innovative technology to revitalise their bricks and mortar offering.

And the (Christmas) results are in: Part II

Published on 17 January 2018.

Since our previous update many retail companies across the UK have posted their festive financials with several big retailers posting disappointing Christmas results.

Our latest set of retail law 'Snapshots' are now available

Published on 15 January 2018. By Jonathan Greenway, Senior Associate

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it.

And the (Christmas) results are in…

Published on 09 January 2018.

The focus of last year's post-Christmas update was Next's post-Christmas profit warning. This year however it was largely good news for the retailer as they reported that sales in the 54 days to 24 December 2017 were up by 1.5% compared to the same period in 2016. This is against Next's expectation in November 2017 that sales would fall by 0.3% for the period.

Luxury brands: The tale of selective distribution systems and online platform restrictions

Published on 19 December 2017. By Melanie Musgrave, Of Counsel

In the much awaited Coty preliminary ruling, the European Court of Justice (the "ECJ") has confirmed that, subject to certain conditions, luxury goods manufacturers can employ selective distribution systems to preserve the luxury image of their products and can prohibit their authorised distributors from utilising third-party online sales platforms.

Changes to business rates calculations are good news for retailers

04 December 2017

The government announced two changes to business rate annual increases in the Autumn budget, moving from RPI to CPI in April 2018 (rather than 2020 as originally proposed) and shortening the revaluation cycle. It is good to see that the government has listened to concerned businesses but will the changes go far enough?

Not Fazed –September Sales and Consumer Confidence Defy Expectations

Published on 18 October 2017.

Building on the positive sales figures at the end of the summer period, which we discussed in an earlier article, retailers have kept the momentum going in September.

Instant Retail Therapy

Published on 16 October 2017. By Karen Hendy, Head of Corporate and Nadia Tymkiw, Senior Associate

ASOS Instant, the same-day delivery service launched by ASOS last week, reflects the growing momentum of "fast shopping", where the ultimate consumer experience is effortless and almost instantaneous.

Luxury fast fashion

26 September 2017

The world of high-end fashion has relied on a stable business model for decades; luxury collections are previewed at major fashion events, anticipation builds and then up to six months later products actually go on sale. But it was clear from last week's London Fashion Week that the luxury fashion model is changing as some brands seek to take advantage of consumer demand for fast fashion.

Retail sales are bright as summer comes to a close

Published on 12 September 2017.

Introducing our new commercial law briefings for retailers

Published on 11 September 2017.

Introducing our new commercial law briefings for retailers

Appification of Retail and Data Protection

22 August 2017

The rise in online retail is seen by many as one of the key causes of the decline in footfall on the UK's high streets in recent years but the high street has been fighting back with its own innovative use of technology to help get more shoppers back into physical stores.

Advertisement consent – five rules for retailers

26 July 2017

A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

Retailers make hay while the sun shines

Published on 17 July 2017.

Retailers make hay while the sun shines

Election results a mixed bag for retailers

Published on 14 June 2017. By Karen Hendy, Head of Corporate and Charlotte Thompson, Associate

The immediate impact of last week’s election was a mixed bag for retailers in the UK, with some share prices falling whilst others were on the up following the result.

Business rate hikes about to hit retailers

08 February 2017

Retailers are bracing themselves for increased property costs in the form of newly calculated business rates which take effect in April 2017.

Post-Christmas blues

Published on 06 January 2017. By Jeremy Drew, Head of Commercial

On Wednesday 3 January Next issued a profit warning which triggered a dive in the retailer's share price and revived concerns that 2017 could be a challenging year for some high street retailers.

No Returns Following Supreme Court Ruling

04 February 2016

The Supreme Court has confirmed that save for exceptional circumstances it is reluctant to step in and imply a rent apportionment clause into a commercial lease.

Mobile marketing – lessons learnt from Optical Express

15 January 2016

Mobile marketing is an essential part of the marketing tool kit of most retailers.

Don't blame it on the sunshine – the impact of weather on the retail industry

30 October 2015

The Met Office has recently published a report that considers the impact of weather on the retail industry (a copy is available here).

Can omni-channel deliver a retail experience?

16 October 2015

Greater competition for a hassle-free retail experience is on the agenda for both internet only and bricks and mortar retailers.

'Stand Up and Deliver' - the competition for same day delivery hots up

12 October 2015

Argos has become the first UK bricks and mortar retailer to offer shoppers same day delivery up to 10pm.

Feast your eyes on this! ASOS and Wall's collaboration a trade mark success?

29 July 2015

Back in December 2014 Retail Therapy featured an article on the surprising collaboration between McDonalds and Moschino.

Can concessions heal the high street?

Published on 02 June 2015.

Typically, concessions are used by retailers to incorporate third party brands into their retail space and broaden the range of products on offer to their target consumers.

Fashioning a market – the impact of London Fashion Week on high street retailers

05 March 2015

London Fashion Week (LFW) has closed its doors once again for another 6 months before fashion's greatest and most celebrated designers return to showcase their S/S16 collection on 18 September 2015.

High street consumers grant HMV a second chance

Published on 10 February 2015.

Music and entertainment retailer HMV has posted a 17.5 percent increase in sales for 2014, making it the UK's biggest seller of physical music and signalling a triumphant comeback following its decline into administration in 2013.

Diva's trade mark fever – Rihanna bolsters brand with new applications

15 December 2014

Having already succeeded in protecting the use of her image in the English High Court Rihanna has now taken steps to broaden the protection of her brand with the filing of 12 separate trade mark applications at USPTO for the word FENTY in conjunction with other words including apparel, beauty, clothing and lingerie.

Would you like fries with your happy deal? – Moschino and McDonalds unveil unlikely licensing deal

15 December 2014

When Italian fashion house Moschino unveiled their A/W 14 Collection it turned heads in an unlikely sector… the legal sector.

A blue print for brand protection – CJEU approves Apple's trade mark for store layout

15 December 2014

The Court of Justice of the European Union (CJEU) has recently held in Apple Inc v. Deutsche Patent-und Markenamt that the representation of a layout of a retail store may be registrable as a trade mark under Articles 2 and 3 of the Trade Marks Directive (Directive 2008/95/EC).