A recent Supreme Court ruling in the case Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another [2025] has established a clearer picture of the rights afforded to trade mark owners when seeking to defend their mark.

It was found that post-sale context, or how a trade mark is viewed by the public after the product has been sold and is in use, will be taken into account when assessing the similarity between two marks. In this instance, the case hinged on whether Dream Pairs’ logo was sufficiently similar to Iconix’s logo, the Umbro ‘double diamond’, when viewed from above on the side of a shoe, and whether this would cause confusion for a member of the public.

The High Court had initially dismissed Iconix’s claim, holding that there was only a passing resemblance between the two marks and that there was no likelihood of confusion. However, on appeal the Court decided that this assessment had been irrational, as it had not accounted for how the mark would be viewed in a post-sale context. As a result, the initial ruling was overturned.

Dream Pairs then opted to appeal this decision to the Supreme Court, where it was further confirmed that the way a product is viewed in a post-sale environment is to be taken into account when assessing similarity between two marks. Additionally, the Supreme Court held that where there is no likelihood of confusion at the original point of sale a trade mark can still be infringed if there is a likelihood of confusion post-sale. Effectively, breach of a trade mark can happen irrespective of where in the product’s use cycle the confusion occurs.

The effect of this ruling is that future trade mark enforcement can be based on how the mark would realistically be encountered by the public. This means that any use of a mark similar to that of a registered trade mark needs to be done with additional care, and it opens up new possibilities for defending a mark.

If you believe that your trade mark may have been infringed, or require assistance defending your trade mark, our Commercial team would be happy to assist. Please email info@franklins-sols.co.uk or call 01908 660966 / 01604 828282.

The Renters’ Rights Bill is currently working its way through the process of parliamentary approval and is likely to be implemented in the coming months. The Bill is aiming to bring about widespread change to the private rental market, with a primary focus on enhancing tenant’s rights.

One of the key changes for landlords that will be implemented is the abolition of fixed terms tenancies. From the date that the Bill is approved and put into law, no new fixed term tenancies can be created, and all existing tenancies will become periodic assured tenancies. This means that any tenancy must be granted on a rolling basis and cannot be for a set term. As a result of this, any pre-agreed options to renew or break clauses will become invalid.

The end of fixed term tenancies combined with the proposed changes to the procedures to terminate a lease means that many existing agreements may need amendment to avoid clauses being deemed as invalid. From the date the Bill is introduced, it will no longer be possible for a landlord to remove a tenant from their property on a ‘no fault’ basis, so consideration will need to be given to any such clauses in existing agreements.

Another change for landlords to consider is the amendment to the rent increase procedures. Under the new rules, rent can only be increased by serving a notice proposing the new rent, so any pre-existing rent increase clauses cannot be relied on. Additionally, the notice period required to be given when proposing a new rent increase is being extended.

From the date that the Bill is introduced, renters will also be granted an implied right to request to keep a pet. As an implied right, this will be immediately granted to any existing rental agreement and will not require the tenant to alter the terms of the lease. However, landlords will be able to impose a condition requiring insurance for damage caused by pets, though this will need to be incorporated as part of the agreement.

The Bill will also introduce fines for landlords that are found not to be compliant with the new regulations, so now is a crucial time for landlords to review their existing tenancy agreements and update any template agreements to be compliant.

Our Commercial team would be happy to provide any assistance with reviewing and updating tenancy agreements. Get in touch on 01908 660966 or email info@franklins-sols.co.uk .