Emily Swithenbank

Jan 21, 2025 | pinsentmasons.com | Emily Swithenbank |Gill Dennis

A recent court of Court of Appeal decision is “game changing” for brand owners and signals a renewed commitment by the UK courts to protecting brand identity and ensuring fair competition, experts have said. Gill Dennisand Emily Swithenbank of Pinsent Masons were commenting after the Court of Appeal handed down itsdecision in Thatchers Cider Company Limed v Aldi Stores Limited.

Oct 31, 2024 | pinsentmasons.com | Emily Swithenbank

The dispute came before the High Court previously, with noteworthy aspects of its ruling earlier this year concerning exhaustion of trade mark rights in the context of refurbished and adapted consumer goods within the UK and its interpretation of case law developed by the Supreme Court relevant to director liability for IP infringement.

Oct 9, 2024 | lexology.com | Gill Dennis |Emily Swithenbank

The recent IPEC decision in AGA Rangemaster Group v (1) UK Innovations Group (2) Michael McGinley[1] was noteworthy for two reasons: (1) considering exhaustion of trade mark rights issues in the under explored context of refurbished and adapted consumer goods within the UK; and (2) helping us to understand the scope of the knowledge test for accessory liability as developed by the Supreme Court in Lifestyle Equities v Ahmed[2].

Sep 3, 2024 | lexology.com | Gill Dennis |Emily Swithenbank

We are accustomed to judges tackling exhaustion of intellectual property rights issues in the context of parallel trade, often in the pharmaceutical sector. The recent decision of the IPEC in AGA Rangemaster Group v (1) UK Innovations Group (2) Michael McGinley[1] is, therefore, noteworthy for considering exhaustion of trade mark rights in the context of the resale of consumer goods within national boundaries. What happened in this case?

Sep 2, 2024 | pinsentmasons.com | Emily Swithenbank |Gill Dennis

A recent ruling shows the challenge UK brand owners can face if seeking to prevent other businesses from revamping their original products and selling them on the resale market, experts in brand protection have said. Emily Swithenbank and Gill Dennis of Pinsent Masons were commenting after the High Court of England and Wales ruled on a dispute over the re-sale of revamped AGA cookers.