Latest by Ciara Cullen

Blog

RPC Bites Summer Bumper Edition 2021

Published on 20 July 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Green tint 4

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

Waste not, want not! The UK Government "zeroes" in on plastic waste in Food & Drink

Published on 13 July 2021. By Ciara Cullen, Partner and Sophie Tuson, Associate

Green tint 4

Through a series of recent consultations and legislative initiatives, the Government has shown it is serious about reducing plastic waste and shifting the UK towards a more circular economy. The Government's motivation for doing so is clear: The UK reportedly generates more plastic waste per person than any other country bar the US and currently less than 10% of household plastics are recycled. This is partly due to present difficulties in recycling so-called 'soft plastics', which the Government intends to enforce the collection of by 2026.

Read more
Blog

RPC Bites 34 - Mediterranean tonic water too descriptive for the EUIPO, enhanced regulation for alcohol ads and UK-Australia trade deal agreed in principle

Published on 01 July 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Green tint 4

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 June 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

Green tint 1

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

Read more
Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 June 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

Green tint 1

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

Read more
Blog

RPC Bites #33 – Battle of the gins, the future of soft plastics and serious food for thought for advertisers of HFSS products

Published on 15 June 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 5

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #32 - breaking news: the EU rejects Amendment 171 on dairy descriptors, mixed alcoholic and alcohol-free beer packs hit Tesco's shelves and the CMA issues draft guidance on green claims

Published on 27 May 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 3

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

CMA draft guidance has greenwashing in its sights

Published on 27 May 2021. By Ciara Cullen, Partner and Sophie Tuson, Associate

Gray tint 4

After launching its investigation into environmental claims last November 2020, the CMA has now published draft guidance to help businesses understand and comply with their existing consumer law obligations when making environmental claims. The draft guidance is open for consultation until 16 July 2021 with the final guidance set to be published by the end of September 2021.

Read more
Blog

Philip Warren & Son v Lidl – No case of mi-steak-en identity

Published on 25 May 2021. By Ben Mark, Partner and Ciara Cullen, Partner

Green tint 1

The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".

Read more
Blog

Philip Warren & Son v Lidl – No case of mi-steak-en identity

Published on 25 May 2021. By Ben Mark, Partner and Ciara Cullen, Partner

Green tint 1

The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".

Read more
Blog

Patents Court finds alleged penalty clause is firm but fair

Published on 18 May 2021. By Ciara Cullen, Partner and Jessica Pease, Trainee Solicitor

Green tint 1

The Patents Court recently held that provisions in a settlement agreement, which restricted the ability to challenge IP rights in the future, were enforceable and did not amount to penalty clauses, as the defendant contended.

Read more
Blog

RPC Bites #31 - Rugby World Cup win for Japan's Asahi Breweries, Co-op's sustainability drive continues with compostable bags and food past its best before date and Gordon Ramsay calls out Lucky Cat Noodle

Published on 13 May 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #30 - Cypriot cheese receives protected status, Colin v Cuthbert continues and finally, clarity on composite food products

Published on 30 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Green tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

Stay on top of Intellectual Property

Published on 20 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

Purple tint 2

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

Read more
Blog

Stay on top of Intellectual Property

Published on 20 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

Purple tint 2

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

Read more
Blog

RPC Bites #29 - breaking news: Colin the Caterpillar v Cuthbert the Caterpillar, uncertainty continues for composite products and packaging producers to face extended responsibility

Published on 16 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #28 - Northern Ireland Protocol breakthrough extended, the future of Easter eggs and an environmentally friendly beer partnership

Published on 01 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #27 - Government 'anti-obesity deadlines' are near on impossible warn retailers and further red tape angst is on the cards for composite food products

Published on 18 March 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #26 - A welcome ASA ruling for HFSS products, the Scotch Whisky industry is calling and the decision to regulate the CBD industry in the UK.

Published on 04 March 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #25 - Dry January further boosts no/lo sales, PepsiCo and Beyond Meat join forces and Mondelez faces price fixing allegations

Published on 18 February 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #24 - Brexit hits Percy Pigs, HFSS restrictions to become law in 2022 and a reminder that despite popular belief, honey is not medicinal

Published on 27 January 2021. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

Dry January? No/lo drinks to start 2021

Published on 26 January 2021. By Ciara Cullen, Partner and Elizabeth Zang, Trainee Solicitor

Gray tint 2

The popularity of no/lo drinks has skyrocketed with no/lo drinks toppling craft beer as the UK's top tipple in 2020 (the SIBA British Craft Beer Report 2020).

Read more
Blog

RPC Bites #23 - Northern Ireland Protocol breakthrough, victory for the UK organics sector and eco faux pas for Gousto

Published on 17 December 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #22 - Brexit tips with 30 days to go, ASA rulings and farming subsidy reforms

Published on 03 December 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Publication

Know where you stand

Published on 25 November 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 5

Whether you’re just starting out or launching a new beer, there are a wealth of intellectual property issues to consider in the world of brewing. Here, Ciara Cullen and Ben Mark, outline those do’s and don’ts, the changing brewing landscape and how to thrive in 2021 and beyond.

Read more
Blog

European Parliament votes on plant-based food labels

Published on 25 November 2020. By Ciara Cullen, Partner and Sophie Tuson, Associate

Gray tint 1

On 23 October 2020, the European Parliament voted on proposed amendments to the Common Agricultural Policy (CAP) which would affect how plant-based products can be labelled in the EU.

Read more
Blog

RPC Bites #21 – burgers, Brexit and bans for online ads

Published on 20 November 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

CMA launches Investigation into green claims

Published on 20 November 2020. By Sophie Tuson, Associate and Ciara Cullen, Partner

Green tint 1

The CMA, the UK's consumer watchdog, has launched an investigation into environmental claims made by businesses to promote their products.

Read more
Blog

RPC Bites #20

Published on 06 November 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 November 2020. By Ciara Cullen, Partner and Ben Harris, Associate

Untinted 4

The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

Read more
Blog

Neat infringement claim leaves whiskey competitor’s trade mark on the rocks

Published on 02 November 2020. By Ciara Cullen, Partner and Ben Harris, Associate

Untinted 4

The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.

Read more
Blog

RPC Bites #19

Published on 20 October 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #18

Published on 08 October 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

Read more
Blog

RPC Bites #17

Published on 24 September 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

Read more
Blog

RPC Bites #16

Published on 10 September 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

Read more
Blog

RPC Bites #15

Published on 26 August 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

Read more
Blog

RPC Bites #14

Published on 07 August 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

Read more
Blog

RPC Bites #13

Published on 21 July 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Purple tint 5

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

Read more
Blog

Reproduction of infringing content online: who's liable?

Published on 21 July 2020. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

Gray tint 1

Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.

Read more
Blog

Reproduction of infringing content online: who's liable?

Published on 21 July 2020. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

Gray tint 1

Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.

Read more
Blog

RPC Bites #12

Published on 08 July 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 5

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

Read more
Blog

'Nosecco' is a no-no, says the High Court

Published on 01 July 2020. By Ciara Cullen, Partner and Sarah Mountain, Senior Associate

Gray tint 1

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

Read more
Blog

RPC Bites #11

Published on 24 June 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 5

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

Read more
Blog

RPC Bites #10

Published on 10 June 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Green tint 3

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

Read more
Blog

Luxury and online marketplaces - the next chapter (Coty v Amazon)

Published on 01 June 2020. By Ciara Cullen, Partner and Sarah Mountain, Senior Associate

Green tint 2

On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.

Read more
Blog

RPC Bites #9

Published on 29 May 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Gray tint 2

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

Read more
Blog

Dressing down for The Consortium for Balsamic Vinegar of Modena

Published on 18 December 2019. By Ciara Cullen, Partner

Green tint 3

Balsamic vinegar manufacturers (outside of Modena) can use the terms 'aceto' and 'balsamico' following a decision made by the CJEU relating to protected geographical indications.

Read more
Blog

Natasha's law - legislation requiring ingredients labelling on all pre-packaged foods presented in Parliament

Published on 06 September 2019. By Alyson Lloyd, Senior Associate and Ciara Cullen, Partner

Abstract building

On Thursday 5th September, 'Natasha's Law' was presented in Parliament. This is new legislation which mandates full ingredients labelling on all pre-packaged food.

Read more
Blog

High Court does not "lycra" unjust Part 36 offers

Published on 26 June 2019. By Ciara Cullen, Partner and Samuel Coppard, Associate

Untinted 4

In a recent High Court decision it has been held that parties must ensure that Part 36 offers are "genuine offers to settle" as the court will not order costs in circumstances where it is unjust to do so. Furthermore, the decision reinforces the significant weight that is given to whether or not an offeree accepts a Part 36 offer, regardless of whether relief is obtained by the offeree in the first instance.

Read more
Blog

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

Gray tint 5

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.

Read more