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Cyber Bytes - Issue 12

Published on 21 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 10

Published on 10 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

Cyber Bytes - Issue 11

Published on 06 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 8 2020

Published on 10 Mar 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to the eighth 2020 edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 9

Published on 09 Mar 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Transformation and risk – what the future holds for retail

Published on 09 Mar 2020. By Jeremy Drew, Partner, Head of Commercial

Data, AI, and the impact of Covid-19. Kyle Monk – Head of Insight and Analytics at go-to trade association the British Retail Consortium (BRC) – left plenty of food for thought on the future for retailers, and those who advise them, at a talk delivered last week.

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

Published on 03 Mar 2020. By 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.

ICO revises guidance on timescales for responding to a data subject access request

Published on 19 Feb 2020. By Jon Bartley, Partner and Joseph Akwaboa, Associate

The ICO’s guidance has been amended to state that the time limit for a response to a DSAR starts from the day the request is received (even if it is not a working day) until the corresponding calendar date in the next month, instead of the day after the request.

Nederlands Uitgeversverbond v Tom Kabinet Internet – a CJEU guide on how to play it by the book

Published on 11 Feb 2020.

Tom Kabinet (the Defendant) is a Dutch company which sells used e-books online (the Books). The Books are purchased by the Defendant, either from individuals or official distributors, and are then re-sold for a lower price to customers who are registered on the Defendant's website as members of a "reading club".

Cyber_Bytes - Issue 7 2020

Published on 10 Feb 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to the seventh 2020 edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Between a rock and a card place - the changing nature of professional introductions

Published on 04 Feb 2020.

To what extent is the humble business card being affected by changes in how professional introductions are made? With details of our professional lives now often available online, there are fewer opportunities to introduce ourselves through our business cards

First UK Court decision applying Cofemel

Published on 30 Jan 2020.

The IPEC has issued its first ruling following the CJEU's decision in Cofemel, finding that "complete conformity" with EU law would exclude any requirement of aesthetic appeal.

Cyber_Bytes - Issue 6 2020

Published on 29 Jan 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the first month of 2020.

CJEU hands down decision in Sky v SkyKick case

Published on 29 Jan 2020. By Ben Mark, Partner and Samuel Coppard, Senior Associate

This morning, the CJEU handed down its judgment for the much anticipated Sky v SkyKick case – certainly one of the most important trade mark referrals from the High Court over the past few years.

Loot Boxes: what's in the box?

Published on 29 Jan 2020. By Jonathan Greenway, Senior Associate

On 12 September 2019 the House of Commons Digital, Culture, Media and Sport Committee (DCMS) released its report into what it calls "immersive and addictive technologies".

Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning in UKIP v Braine & Others

Published on 24 Jan 2020. By Geraldine Elliott, Partner

New year, new reminder of the obligation to make full and frank disclosure in without notice applications, this time in the context of a falling out within the UKIP party. The obligation can only be satisfied by drawing the court's attention to legal or factual matters which could undermine the applicant's own application; it is not enough to simply put relevant matters in evidence before the court (UKIP v Braine & Others). Injunction, confidential, publication and non-disclosure.

BrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.

Published on 14 Jan 2020.

In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.

BrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.

Published on 14 Jan 2020.

In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.

Tread Bentley when expanding your product offering

Published on 08 Jan 2020. By Georgia Davis, Of Counsel

The High Court held that luxury car manufacturer Bentley Motors infringed BENTLEY clothing firm's trade marks.

The Future of Retail is Green

Published on 12 Dec 2019. By 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.

Cyber_Bytes - Issue 5 2019

Published on 10 Dec 2019. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a bi-weekly roundup of key developments in cyber, tech and evolving risks.

Can retail drones deliver the goods?

Published on 03 Dec 2019. By Jon Bartley, Partner

A recent flurry of patent registrations provides an insight into how this futuristic technology could soon become a reality for consumers.

Cyber_Bytes - Issue 4 2019

Published on 28 Nov 2019. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

Dear Legal, can we put a laundrette in store?

Published on 28 Nov 2019.

How should brands navigate a change to their high street store space?

Sheffield United, or divided? Implying duties of good faith

Published on 04 Nov 2019. By Jeremy Drew, Partner, Head of Commercial and Samuel Coppard, Senior Associate

The High Court has held that the duty to act with good faith should not be implied into an agreement between the owners of Sheffield United FC.

Liverpool FC fail to register 'LIVERPOOL' trade mark alone

Published on 28 Oct 2019. By Ben Mark, Partner and Samuel Coppard, Senior Associate

Liverpool FC has failed to register a trade mark for 'LIVERPOOL' at the UKIPO on the basis of the city's "geographical significance".

Sporting compromise – tips for settling sports disputes

Published on 24 Oct 2019. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Some practical tips for sports clubs when settling disputes – with a focus on those issues that regularly arise in a sporting context.

Visa? Credit card? No - buy now pay later please!

Published on 20 Sep 2019. By Jeremy Drew, Partner, Head of Commercial and Joseph Akwaboa, Associate

As online customers make their way to checkout, a growing number of retail brands are offering them the "Buy Now and Pay Later (BNPL)" option along with the classic, Visa and Credit Card and PayPal payment options.

Look what you made me do – avoid inducing a breach of a sporting contract

Published on 12 Sep 2019. By Joshua Charalambous, Partner and Samuel Coppard, Senior Associate

Using was/now price reductions

Published on 03 Sep 2019. By Oliver Bray, Senior Partner and Nandeep Judge, Paralegal

A recent ASA decision against Zestify Media has confirmed that a “WAS” price must represent a genuine saving when compared with a “NOW” price. This means checking that sales were actually made at the higher price during the relevant period and ensuring you don't advertise the lower price for materially longer than the higher price.

Auto-renewals and other consumer terms under the spotlight

Published on 28 Aug 2019. By Oliver Bray, Senior Partner

The CMA has launched an investigation into potentially unfair terms in online gaming customer terms and conditions, such as auto-renewals, cancellation processes and discretion to alter clauses.

Lidl held to mislead consumers with cheesy price comparison

Published on 08 Aug 2019. By Oliver Bray, Senior Partner

When looking at Lidl's price comparison ad, which compared a number of prices of products with Morrisons, the Advertising Standards Authority found that if a retailer knows their competitor is offering a price promotion on a product, it can’t use the competitor’s normal higher price to make the comparison. This applies even if the backdrop to a savings claim is a year-long price comparison.

eFootball transfers: Juve and Man U snub FIFA to sign for PES

Published on 07 Aug 2019.

The RPC Sports group round-up football eSports deals: Juventus and Manchester United sign eSports partnerships with Pro Evolution Soccer, whilst Liverpool FC partners with FIFA.

Pushing back on APP scams

Published on 18 Jul 2019. By Ian Dinning, Senior Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

Guidance on misleading "faux fur" claims in clothes and accessories

Published on 09 Jul 2019. By Oliver Bray, Senior Partner

The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.

Spurs suffer Champions League defeat to the Advertising Standards Authority

Published on 08 Jul 2019.

Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.

RPC provides response to 'Online harms' consultation

Published on 02 Jul 2019.

This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.

Reforms to the FA's Regulations on Working with Intermediaries

Published on 01 Jul 2019. By Joshua Charalambous, Partner

RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.

High Court does not "lycra" unjust Part 36 offers

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

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.

Looking at the success of the UK's war on plastic

Published on 29 May 2019.

Savvy brands will be working to realise the potential of reducing plastic consumption; not just from a sustainability perspective but also from a sales and branding perspective. Not only could it help to save the penguins, but also to boost sales.

Government assessing business rates for warehouses

Published on 29 Apr 2019.

The Financial Times recently reported that the Government has been assessing warehouse rents, in advance of the next revaluation for business rates.

Worried you'll run out of milk: what does your contract say?

Published on 09 Apr 2019. By Ciara Cullen, Partner

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.

The latest cyber stats revealed (the Cyber Security Breaches Survey 2019)

Published on 05 Apr 2019. By Rachel Ford, Partner

Whilst cyber attacks decrease, the threats to businesses remain. We give you the Cyber Security Breaches Survey 2019.

A licence to kill... a licence

Published on 11 Mar 2019. By Tim Anderson, Partner

In the second of a number of short articles we are producing in relation to businesses in the tech space, we will be discussing a real life example of what not to do when diligencing a tech company and its third party IP licence agreements.

Seeking the "right regulation" of digital services: Lords' Communications Committee articulates its vision

Published on 11 Mar 2019.

In 2018, Mark Zuckerberg, Facebook's CEO, told the US Senate Judiciary Committee that the question was no longer whether there should be regulation of the internet, but what is the right regulation.

BMW Rides to Victory

Published on 06 Mar 2019. By David Cran, Partner, Head of IP & Tech and Ben Mark, Partner

BMW, the well-known manufacturer of cars, motorcycles and engines, secured summary judgment in respect of its claim for trade mark infringement and passing off arising out of the registration of a UK company under the BMW name.

Love (or hate) Data?

Published on 21 Feb 2019. By Charles Buckworth, Partner and Jonathan Greenway, Senior Associate

Personal Data and Special Category Personal Data – what has changed? "The course of true love never did run smooth" - Shakespeare, W., A Midsummer Night's Dream The definition of personal data is obviously fundamental to the General Data Protection Regulation (GDPR). When considering data protection, your first question should always be – 'is this data personal data?'

Smoke and mirrors? Big Tobacco slip(stream)s back into Formula One sponsorship deals

Published on 18 Feb 2019.

RPC reports on Philip Morris and British American Tobacco securing major partnerships with Ferrari and McLaren, prompting investigations into their compliance with domestic and international advertising laws.

Happy Valentine's Day from RPC: Love (or hate) data?

Published on 14 Feb 2019. By Charles Buckworth, Partner

So it is that time of year again. Love is in the air - roses, prosecco (if you're lucky, champagne), chocolates (in boxes covered in sickly hearts as though a heart surgeon has gone serial killer – yes, we're big fans of Luther).