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Research carried out by Which? found more than 150 own-label products had ‘borrowed’ elements of their packaging from branded competitors.
It found one-fifth of its members had accidently bought an own-brand version of a favourite brand at least once; with a further 18% deliberately buying own-label products because it resembled the branded equivalent.
It’s an offence under Consumer Protection Regulations to promote a product similar to a product made by a particular manufacturer in such a manner as deliberately to mislead the consumer into believing the product is made by that same manufacturer.
Currently a company needs to persuade a regulator to take enforcement action if this offence has been committed, and the appetite for that has traditionally been low.
There has been lobbying for many years for a private right of redress where this offence has been committed. This research may assist companies in highlighting that it is imperative something is done to plug this gap as brands continue to be exploited.
The last two weeks have seen yet another flurry of announcements regarding big high street names including Thomas Cook, Argos, Karen Millen and Coast.
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As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
Partner and Head of Real Estate
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