Archived articles
Please find below articles from previous editions of the retail law update. The articles are intended for general guidance and represent our understanding of the relevant law and practice as at the date of the article. Specific advice should be sought for specific cases. Please contact us if you require more information and up to date advice in relation to any issues covered in the articles.
EDITION #6 | DECEMBER 2022
A powerful tool, but where can brands go wrong when it comes to email marketing?
Email marketing campaigns can be a powerful marketing tool for brands, but it is important that campaigns comply with electronic marketing legislation and the new guidance from the ICO.
As the retail sector faces the perfect storm, what are the options available to those businesses struggling in the current climate?
The retail sector has seen a number of high-profile casualties in 2022, but what part are company voluntary arrangements, restructuring plans and administrations playing to support brands in the current climate?
One year on, what impact has the Environment Act 2021 had?
One year on, the Environmental Act has already started to have a real impact on businesses and highlights the need for wholesalers and retailers to make sustainability a number one priority.
GUEST ARTICLE
The Chancellor’s Autumn statement 2022 – following consultation, the Government has decided not to impose an online retail tax on retailers
EDITION #5 | JULY 2022
User generated content – the legal highlights
User-generated content (UGC) is increasingly being used by brands for marketing purposes, but what are the legal implications? We provide our key recommendations for avoiding legal issues when using UCG as part of your marketing toolkit.
An online sales tax – a valid proposal for addressing the imbalance perceived between online and high street retailers?
In a sector of the UK economy where margins can be incredibly tight, such an imbalance can have a significant impact on a retailer’s margins and be a critical factor as to whether that retailer flourishes or struggles.
Shazam -v- Only Fools The Dining Experience – the far-reaching decision that impacts 3D original product and garment designs
A June 2022 decision of the specialist Intellectual Property Enterprise Court involving the character Derek ‘Del Boy’ Trotter has the potential materially to impact and improve the protection of 3D product designs.
NEWS FLASH
Advising on cross-border sale of leading producer and supplier of premium organic superfood products, Go Superfoods Limited
Go Superfoods has been acquired by Swedish food-tech and FMCG listed company, Humble Group. Go Superfoods was founded by CEO Harry Singh in 2008 and offers a wide range of superfoods to retail customers and distributors under its own brands Green Origins, Rainforest Foods, and Piura.
EDITION #4 | APRIL 2022
The challenge for retailers of unvaccinated staff
Absent staff has caused real issues for many retailers who operate with tight staffing provisions. This article looks at steps retailers can take to manage the significant increase of unvaccinated staff absences.
Copycat central – the recent plethora of supermarket copycat cases
Following the legal action taken by M&S against Aldi over its Colin the Caterpillar cake, the last 12 months have seen a plethora of copycat product cases being issued at court involving these and other supermarkets. We look at the detail of these new cases here.
NFTs in the retail sphere – how best to protect your intellectual property
Brands can enhance customer experiences and loyalty by taking assets they already own and sharing them in a new way through NFTs. There are clear benefits to revenue streams and consumer engagement, but brands must be careful to protect their intellectual property rights in these projects.
NEWS FLASH
Pannone Corporate advises Maven on a £4.25m investment into eco friendly baby products business Pura
Mypura (Pura) launched in 2020, and headed by Guy Fennell, has experienced rapid growth. It is on a mission to “democratise eco” with its multi-accredited, affordable, 100% plastic-free baby wipes and eco-friendly nappies.
EDITION #3 | JANUARY 2022
Protecting your business from discrimination claims
During these stressful times for those working in the retail sector, disagreements and conflicts between staff that may amount to discriminatory conduct are becoming all the more common. This article sets out how employers can protect themselves from liability for the actions of its employees which are contrary to the values and ethos of the business.
My product is better than yours: the role of comparative advertising in a competitive world
Comparative advertising can capture your consumers’ attention: but with a complex legal regime of regulations, rules and case law, getting it wrong can result in potential penalties. So what are these rules and how do you ensure you ensure you stay on the right side of the line?
The year ahead for retail from a commercial property perspective
Given the continued uncertainty in the retail sector during these Covid stricken times, we look at the impact the pandemic is having on commercial property, including rent concessions; the Commercial Rent (Coronavirus) Bill; the effect of turnover rents; what next for shopping centres; and rent reviews.
NEWS FLASH
Pannone Corporate advises the founder of streetwear brand, HERA London, on the sale to Gymshark director and former chairman, Paul Richardson
Launched in 2015 by its founder Ashley White, HERA London aims to grow into a £100 million label over the next three to five years.
EDITION #2 | OCTOBER 2021
How to win friends (followers) and influence people
The fairly recent, but meteoric, rise in influencer marketing promotions has attracted the attention of the UK’s independent advertising regulator, the ASA.
Importing goods from abroad
The Government has recently undertaken a consultation as regards the system of importing and exporting IP protected goods by the secondary market into and from the UK.
Cross border trade – can website sales targeting one region infringe rights in another?
This case was a trade mark infringement claim brought in the UK court against companies within the Amazon group.
NEWS FLASH
Pannone Corporate advises Miss Kick: “Game. Change. Her.”
Pannone Corporate is delighted to be working with Miss Kick, advising the team in relation to a significant EIS equity fund raising, sponsorship contracts with both clubs and players, and updates to its terms and conditions.
Our quarterly retail update is designed to bring you the latest news and legal developments relevant to the retail sector. If there are any areas you would like more information on or if you have any questions or feedback, please do not hesitate to let us know via our feedback form or get in touch with any member of our team.
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