On the look-out for lookalikes

We’ve seen a number of lookalike product cases in the UK courts this year, with several heading for trial in 2023. We wanted to take this opportunity to walk you through some of the most recent cases, highlighting the positions taken by the claimants and some of the tools brand owners should consider. We expect brand owners to come out on top in most of the cases where they have trade mark protection for their packaging (as well as their brand) or have looked to other effective IP rights, such as design rights.