Welcome to the first edition of Brand Matters for 2025.
This edition reports on developments in a number of important cases for brand owners on topics ranging from lookalikes and product design through to position marks. We also highlight the Government's consultation (closing on 25 February 2025) into the complex interplay between generative AI and copyright. The Government's preferred approach is to introduce a regime permitting data mining for any purpose (provided the user has lawful access) subject to an opt-out by rights holders, and also to remove copyright protection for 'computer-generated works'. If you would like to discuss the consultation, please do get in touch.
We have a number of events in the coming months and we would be delighted if you would like to join us. On 11 March, we will be hosting Brand Matters Live, an annual review of the key cases and developments in IP law and practice of the last 12 months. Our speakers will explore a range of strategic implications for protection and enforcement programmes arising out of these developments, as well as upcoming reform in IP law and practice. We hope you can join us for what promises to be an engaging evening.
Developments in AI will also feature at the seminar, and these will be touched on also at our Sports Law Academy event Game Changer: The Rise of AI in Sport on 4 March. Meanwhile, as part of our Fundamentals of Law programme (our series of sessions exploring general legal topics that every lawyer should be familiar with) we will be covering the intricacies of IP clauses in commercial contracts in a webinar on 25 February.
I hope you enjoy reading this edition. If you have any questions arising out of any of the articles, please reach out to me, the author or your usual Mishcon contact.