Latest by Sophie Tuson

Publication

CMA publishes guidance on environmental claims – how can retailers avoid greenwashing?

Published on 05 October 2021. By Sophie Tuson, Associate and Ciara Cullen, Partner

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Regulators are taking action in respect of ‘greenwashing’ to help protect consumers from misleading environmental claims. Following an investigation last year that found that 40% of green claims made online could be misleading, the Competition and Markets Authority (CMA) has published guidance to help businesses understand and comply with their consumer protection law obligations in order to avoid enforcement action. Based on six core ‘principles’, the guidance broadly restates the position under existing UK consumer law (particularly under the Consumer Protection from Unfair Trading Regulations 2008) and includes examples of what compliance might look like in practice for green claims. Following a two-month consultation period, the CMA published its final guidance on 20 September 2021 and will expect businesses to comply by January 2022. The CMA has said there will be no ‘grace period’ come January 2022 – this is because they will be applying existing law and, strictly speaking, businesses should already be complying with this.

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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

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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.

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Blog

CMA draft guidance has greenwashing in its sights

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

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After launching its investigation into environmental claims last November 2020, the CMA has now published draft guidance to help businesses understand and comply with their existing consumer law obligations when making environmental claims.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.

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Blog

European Parliament votes on plant-based food labels

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

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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.

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Blog

CMA launches Investigation into green claims

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

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

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Blog

Online intermediaries: Fresh guidance from the CJEU on the scope of the E-Commerce Directive

Published on 15 November 2019. By Ben Mark, Partner and Sophie Tuson, Associate

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In Glawischnig-Piesczek, C-18/18 the CJEU has given fresh guidance on online intermediaries and the scope of their obligations under the E-Commerce Directive.

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Blog

"Goodwill Hunting": Latest on Cybersquatting

Published on 09 May 2019. By Ben Mark, Partner and Sophie Tuson, Associate

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In a recent Court of Appeal decision, it has been held that cybersquatting (ie the practice of registering well-known brand names as internet domains to later resell them at profit) does not in and of itself amount to passing off. A claimant is still required to demonstrate relevant goodwill in the name or mark relied upon. It follows that an unused mark (which, by its very nature, lacks sufficient goodwill) is incapable of supporting an action for passing off based on cybersquatting.

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Blog

High Court on the Pulse with RCDs

Published on 22 February 2019. By Sophie Tuson, Associate

In the fight between two wearable sports-tech giants, PulseOn v Garmin, the Court of Appeal has confirmed that the High Court correctly applied the test for infringement of Registered Community Designs and that Garmin's sports watch did not infringe PulseOn's design.

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Blog

Sky judge kicks bad faith questions to the ECJ

Published on 19 February 2018. By Sophie Tuson, Associate

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In a significant decision in Sky v Skykick [2018] EWHC 155, Mr Justice Arnold has referred a number of questions to the CJEU on bad faith and the clarity and precision of trade mark specifications. The CJEU's response may have significant implications for trade mark owners – particularly those holding very broad registrations.

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Blog

TV formats are the real 'Minute Winner': High Court confirms TV formats can be protected as artistic works

Published on 01 November 2017. By Ciara Cullen, Partner and Sophie Tuson, Associate

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In a recent judgment, the High Court has provided helpful clarification on a particularly grey area of IP law by confirming that TV formats can be protected by copyright as artistic works.

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Blog

Amazon and the $200billion Internet Economy in South East Asia

Published on 30 August 2017. By Sophie Tuson, Associate

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Amazon's launch in Singapore last month marks the internet giant's official entry into South East Asia. Sophie Tuson explores why the region, and Singapore in particular, provides such fertile ground for e-commerce businesses in search of growth.

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Blog

Trainees Take on 2016: A Year in Review

Published on 22 December 2016. By Sophie Tuson, Associate

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Placing a £10 bet on Donald Trump, Brexit and Leicester City winning the Premier League this year would have made you a millionaire… 30 times over.

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Blog

Smartphones, smartwatches... 'smart' offices?

Published on 18 November 2016. By Sophie Tuson, Associate

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Robot security guards, coffee machines that remember how you like your cappuccino, and smartphone apps which enable employees to control heating and lighting at the touch of a button. Welcome to the brave new world of the ‘smart’ office.

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Publication

Revisiting the Referendum

Published on 22 September 2016. By Sophie Tuson, Associate

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Never afraid to shy away from the most challenging of topics, in May of this year – with the EU Referendum vote looming – the blog’s Editorial Team decided to tackle Brexit head on.

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