“A sweet shop owner has been fined after he sold 30p Asda Smart Price chocolate bars as ‘Wonka’ bars worth £3.”
The Independent, 5th November 2013
Source: www.independent.co.uk
“Nearly eight hundred years ago, in 1216 English law first recognized a right to food. Yet between April and September this year over 350,000 people received three days’ emergency food from the Trussell Trust food banks, triple the numbers helped in the same period last year.”
UK Human Rights Blog, 18th October 2013
Source: www.ukhumanrightsblog.com
“Nearly 200 Muslim prisoners are suing the Government after being served halal food contaminated with pork, claiming their human rights were breached.”
Daily Telegraph, 29th September 2013
Source: www.telegraph.co.uk
“A Marmite advertising campaign attacked by critics for trivialising the work of animal welfare agencies has been cleared by the Advertising Standards Authority.”
Daily Telegraph, 21st August 2013
Source: www.telegraph.co.uk
“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”
WLR Daily, 18th July 2013
Source: www.iclr.co.uk
“Celebrity chef Jamie Oliver’s Italian restaurant chain was fined £8,000 after a woman who told staff three times she was allergic to gluten was served wheat pasta.”
Daily Telegraph, 16th May 2013
Source: www.telegraph.co.uk
“When is Greek yoghurt legally Greek yoghurt? That was the question put to Mr Justice Briggs in a major IP battle between the makers of Total Greek Yoghurt, Fage UK, and New York-based Chobani.”
The Lawyer, 3rd April 2013
Source: www.thelawyer.com
“Consumers are to be asked whether they will accept traces of horsemeat in their food if it proves too costly and technically difficult to check thoroughly for levels of contamination under 1%.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
“The BBC has learned that European meat suppliers are using a loophole in the law to sell a banned low quality material to UK sausage makers.”
BBC News, 28th February 2013
Source: www.bbc.co.uk
“The Food Standards Agency has ordered companies to test their processed beef products after analysis of lasagne made by Findus found up to 100% of the meat came from horses.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
“In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31.”
Competition Bulletin from Blackstone Chambers, 21st December 2012
Source: www.competitionbulletin.com
“What’s in a name? Well, if it’s the name of a tasty local food, then legal wrangles, multimillion-pound sales and the threat of small local traders going to the wall.”
BBC News, 20th November 2012
Source: www.bbc.co.uk
“Defra has launched a public consultation on the Government’s plans to make underpinning domestic legislation (Food Information Regulations 2013) to enable the FIC to be enforced in the UK.”
Defra Public Consultation: Food Information Regulations 2013 (PDF)
Department for Environment, Food and Rural Affairs, November 2013
Source: www.defra.gov.uk
Rintisch v Eder: C-553/11; [2012] WLR (D) 289
“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”
WLR Daily, 25th October 2012
Source: www.iclr.co.uk
“Mr Justice Arnold has thrown out an appeal bid by a franchisee of sandwich chain Subway to challenge HM Revenue & Customs’ VAT policy on hot food.”
The Lawyer, 11th October 2012
Source: www.thelawyer.com
“Christian Louboutin has secured the trademark for the distinctive red used on the soles of shoes he designs, and the retailer Harrods has a trademark over the shade of green synonymous with its brand. Now confectionery giant Cadbury has won a lengthy court battle giving it the right to the trademark for the distinctive colour of purple it uses for the packaging of its milk chocolate.”
The Guardian, 2nd October 2012
Source: www.guardian.co.uk
“The cultivation of genetically modified organisms such as the MON 810 maize varieties could not be made subject to a national authorisation procedure when the use and marketing of those varieties were authorised pursuant to article 20 of Parliament and Council Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed and where those varieties had been accepted for inclusion in the common catalogue provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species as amended by Regulation No 1829/2003.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190
“Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other.”
WLR Daily, 3rd July 2012
Source: www.iclr.co.uk
“Britain is being taken to court by the European Commission in a battle over a £15m unpaid tax bill on imports of Chinese garlic.”
BBC News, 21st June 2012
Source: www.bbc.co.uk
“Mr Justice Jackson has ruled that it would be lawful and in the best interests of a 32 year old woman (referred to in the judgment as ‘E’) for her to be fed, using physical force or chemical sedation as necessary, for a period of ‘not less than a year’.”
UK Human Rights Blog, 19th June 2012
Source: www.ukhumanrightsblog.com
© Inner Temple Library 2024