Latest by Henry Priestley

Goodwill, Bad Faith and Brotherly Luv: Court of Appeal finds "special circumstances" to allow defence to Passing Off claim

Published on 22 July 2021. By Henry Priestley, Partner and Ben Harris, Associate

In a dispute between two half-brothers regarding the ownership of a music group name, the Court of Appeal (CoA) found "special circumstances" to permit arguments that would ordinarily be barred through estoppel.

Carrier bag charges to increase to 10 pence from 21 May 2021

Published on 07 May 2021. By Henry Priestley, Partner and Ellie Ward, Associate

As trailed in the latest edition of Retail Compass, the Government has been planning to increase the minimum charge of single-use carrier bags.

New measures to eliminate plastic waste

Published on 07 April 2021. By Henry Priestley, Partner and Brendan Collar, Associate

The government is set to introduce measures to further reduce the circulation of single-use plastics and encourage the use of recycled plastic. The measures are expected to influence all aspects of the retail supply chain and have a particular impact on the food and drink sector.

And the winner is... that pre-loved dress

Published on 03 March 2020. By Henry Priestley, Partner and Ela Broderick-Basar, Associate

The recent awards season has seen a new dress-code emerging on the red carpet - wearing clothing either rented or previously worn, in an aim to project a message of sustainability. This reflects trends in the wider fashion world, where sustainability models like rental and resale are emerging fast as brands and consumers look to minimise their impact.

The Future of Retail is Green

Published on 12 December 2019. By Henry Priestley, Partner and Harpreet Kaur, Associate

2019 has been a year of environmental awareness, aptly demonstrated by David Attenborough's Glastonbury appearance and Greta Thunberg's speech to world leaders at the UN Climate Action Summit.

And the (Christmas) results are in: Part II

Published on 17 January 2018. By Henry Priestley, Partner

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

And the (Christmas) results are in…

Published on 09 January 2018. By Henry Priestley, Partner

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.

Not Fazed –September Sales and Consumer Confidence Defy Expectations

Published on 18 October 2017. By Henry Priestley, Partner

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.

Retail sales are bright as summer comes to a close

Published on 12 September 2017. By Henry Priestley, Partner

Retailers make hay while the sun shines

Published on 17 July 2017. By Henry Priestley, Partner

Retailers make hay while the sun shines

The Survey Says! EU General Court decides on requirements for evidence on distinctive character

Published on 03 February 2017. By Henry Priestley, Partner

A decision by the General Court highlights the requirement for comprehensive evidence of genuine use when seeking to prove acquired distinctiveness in relation to 3D marks in the EU.

Can concessions heal the high street?

Published on 02 June 2015. By Henry Priestley, Partner

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.

High street consumers grant HMV a second chance

Published on 10 February 2015. By Henry Priestley, Partner

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.

Breaking the (supply) chain

Published on 10 January 2014. By Henry Priestley, Partner

Determining the source of infringing goods put on the market is often a priority for trade mark owners seeking to prevent sales of infringing products.

Harmonisation of EU copyright: the Commission consults

Published on 07 January 2014. By Henry Priestley, Partner

The European Commission (the "Commission") is set to complete its review of copyright law in the EU by spring 2014.

Cut off the head but beware that the sub-licence may not die

Published on 29 April 2013. By Henry Priestley, Partner

In the recent High Court decision VLM Holdings Limited v Ravensworth Digital Services Limited [1] Mann J has ruled that a sub-licence is capable of surviving termination of its head licence in certain (albeit, fact-specific) circumstances.