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  19/03/2025

  United Kingdom

  Tangled web: UK regulators crack down on harmful Online Choice Architecture

  Harmful online choice architecture (‘OCA’), sometimes inappropriately referred to as “dark patterns”, is a hot consumer protection topic that is increasingly under regulatory scrutiny. In this update, we summarise the latest developments in this area in the UK, and we explain what may change in the future.What is harmful OCA?OCA refers to how the design of the online environment (such as websites and apps) can affect a consumer’s decision-making and actions. OCA can be harmful (and illegal) where the online environment deceives, manipulates or misleads consumers in...

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  18/03/2025

  United Kingdom

  Judge, Jury and Executioner: the CMA publishes its final consumer enforcement guidance

  With the consumer law provisions of the Digital Markets, Competition and Consumers Act (“DMCC Act”) coming into force on 6 April 2025 (see here), the CMA has now published its final guidance on direct enforcement, setting out the framework and process for imposing fines of up to 10% of global turnover on businesses.Following a seven week consultation on the draft direct consumer enforcement guidance and rules, the Competition and Markets Authority’s (“CMA”) final guidance is available here (the “Guidance”).The Guidance covers, amongst other things,...

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  13/03/2025

  United Kingdom

  The DMCC Act: Consumer elements come into force from 6 April 2025

  After much anticipation, it is now confirmed that next month the landmark consumer law provisions of the Digital Markets, Competition and Consumers Act (“DMCC Act”) will come into force, following the enactment of the Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025 (SI 2025/272) ( “Regulations”).What provisions are coming into force?Unfair commercial practices regime: out with the old, in with the new?The DMCC Act will replace the current legislation in relation to unfair commercial practices, the Consumer Protection from Unfair...

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  25/02/2025

  England and Wales

  Mediation ordered at pre-trial review between Superdry and Manchester City Football Club

  A recent High Court order in the case of DKH Retail Limited and others vs City Football Group Limited[1] has seen the first reported decision by a court using its amended powers under Civil Procedure Rules 1.4 and 3.1, which were effective as of October 2024. In November 2024, a pre-trial review for a dispute between the owners of Superdry and Manchester City Football Club, saw the High Court order, in an IP case under the Shorter Trials Scheme, that the parties engage in mediation in a bid to resolve the dispute outside of court.Summary of the disputeSuperdry brought a claim against Manchester...

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  16/01/2025

  International

  CMS Expert Guide on Beauty

  With a highly circumspect online and IRL consumer, the beauty industry is facing increasing scrutiny on everything from ingredients to their supply chain. For those offering treatment services in particular, which has until now been the wild west of wellness, there’s a shift in consumer demand for transparency and accountability – namely a desire for better regulation and insurance. This follows well documented horror stories in national press worldwide of those travelling to secure these services at bargain prices with catastrophic results.This Expert Guide on Beauty considers...

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  07/01/2025

  United Kingdom

  Fruitless effort? Chiquita loses a-peel before the General Court

  Obtaining trade mark protection for purely figurative marks can be a complex business. Such marks frequently encounter absolute grounds challenges on the basis of distinctive character and, while such challenges can be overcome, particularly through the proof of acquired distinctiveness, this can be difficult.This was recently demonstrated in a General Court decision, where Chitquita Brands LLC (“Chiquita”) ‘slipped on the banana peel’ that is the evidentiary burden of proving acquired distinctiveness. BackgroundChiquita was the registered proprietor of the below figurative...

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