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Articles by Tom Nener
Amazon online marketplace trade mark case comes before UK Supreme Court
The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.
UK advertisers told to ensure green claims are ‘balanced’
A further significant addition in the updated guidance is the warning to advertisers around using imagery of the natural world. According to the ASA, a ‘green’ image can affect how consumers view the claims made in an ad and can lead them to draw incorrect conclusions.
Sports bodies have options for tackling illegal streaming, say experts
Organisations such as World Athletics and the Premier League sell the broadcasting rights to the event or games to broadcasters, and they can also be made available through dedicated channels on social media platforms. Selling broadcasting rights for events represents a major source of income for those organisations – the Premier League signed a broadcasting rights extension to 2025 for a reported £5.1 billion.
Delay in EU-wide legislation to tackle live sports piracy ‘harmful to rights holders’
The European Commission has decided not to make an EU-wide law to curb online piracy of sports and other live events for now, after it conducted a public consultation earlier this year on how the issue of illegal live sports streaming should be tackled.
Pinsent Masons announces new leadership for Global IP Group and Life Sciences
Jim Cormack (Global Head of Risk Advisory Services), Pinsent Masons, said: "These new appointments reflect the strength and diversity of our global IP and life sciences practice. Judith, Tom and Charlotte are outstanding lawyers with proven track records of delivering excellent service to our clients across a range of sectors and jurisdictions.
DMCC Digest: Consumer protection: key changes & compliance
The Digital Markets, Competition and Consumers (DMCC) Act will start to be implemented in stages from as early as December 2024. With this in mind, the DMCC Digest webinar series will explore various key aspects of the new legislation. In this session, our experts in commercial contracts, technology media & telecoms (TMT) and intellectual property (IP), will discuss changes to UK consumer protection law under the DMCC Act and how businesses can help ensure compliance.
Tackling the Transition - Greenwashing
We are pleased to announce the launch of our new webinar series ‘Tackling the Transition – guiding you practically through the Energy Transition’. Focusing on the UK and Europe, our experienced lawyers will share their knowledge and expertise, offering actionable advice and strategies to help you navigate the complexities of the Energy Transition.
Pinsent Masons broadens London IP bench with triple partner hire
Joining from Deloitte Legal, partners Rachael Barber and Jeremy Harris and legal director Richard Reeve-Young will arrive at the firm today, with partner Paul Garland following on 9 June. With more than 20 years’ experience in advising technology clients on strategic IP management, including the protection and enforcement of the full range of IP rights and other digital assets, Paul joins the firm having served as Global Head of IP and Technology at Deloitte Legal.
Applying trade mark and copyright laws to tackle ‘brand jamming’
The main piece of trade mark legislation in the UK, the 1994 Trade Marks Act, makes no reference to brand jamming whatsoever. A brand owner’s best hope is to show that the activity amounts to an infringement of their trade marks under s10(3) of the Act. This requires a brand owner to show, among other things, that the defendant’s activities took unfair advantage of their mark or was detrimental to its distinctive character or reputation.
‘Real risk’ of reputational damage to retailers amid fashion industry ‘greenwashing’ probe
A review launched by the Competition and Markets Authority (CMA) into ‘greenwashing’ in the UK fashion industry has highlighted the need for companies to take the issue seriously in light of the “real risk” of reputational damage from CMA sanctions, according to one expert.
Sustainability collaboration requires action on IP
Business collaborations expected to be set up in increasing number to address climate change and improve sustainability could be put at risk of failure if the organisations working together do not address complex questions around intellectual property (IP) at the outset, experts have said.
CMA publishes final guidance on environmental claims used in advertising
The UK’s Competition & Markets Authority (CMA) has published its long-awaited guidance on environmental claims made by businesses in advertising. The detailed guidance note, known as the ‘Green Claims Code’, is accompanied by a short checklist and an instructive YouTube video. The CMA said it would carry out a review of both online and offline claims – such as those made in store or on a product’s labelling – at the start of 2022, and would be ready to take action against offending advertisers.
Brand protection strategy needed to address counterfeits
Businesses need a robust brand protection strategy to address the heightened risk of counterfeiting that has arisen during the coronavirus crisis, experts at international law firm Pinsent Masons have said. Tom Nener and Emily Swithenbank, who specialise in brand protection at Pinsent Masons, the law firm behind Out-Law, were commenting after recent reports by major cross-border law enforcement agencies Interpol and Europol highlighted the scale of criminal counterfeiting.
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