Talking Shop May 2025

This edition includes an update on the requirements for exclusive distribution agreements in the EU; a summary of the proposed changes to the Swedish Alcohol Act; key takeaways on Singapore's marks-similarity assessment; and much more!

In the News & Events section you can find information about the Luxury Law Summit London, which we're delighted to be sponsoring and attending again this year.

Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.

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In this edition:

• Advertising & Marketing
• Competition
• Consumer Law
• Data Protection
• F&B Regulatory
• Intellectual Property
• Real Estate
• News & Events

Advertising & Marketing

EU: Comparative advertising - update for online comparison sites

In a preliminary ruling, the ECJ formed the view that online comparison sites are not within the scope of the comparative advertising rules in the Misleading and Comparative Advertising Directive (2006/114/EC). Provided the online comparison site does not provide those products / services itself, then it is not a competitor and is free to rank competing goods / services without being subject to MCAD.

Read the full article here

Competition

EU: The holes were actually in the cheese. The CJEU confirms AG Opinion on how to maintain granted exclusivity in distribution set-ups

On 8 May 2025, the Court of Justice of the European Union issued a preliminary ruling in case C‑581/23 (Beevers Kaas), largely upholding AG Medina’s opinion on requirements for exclusive distribution agreements, with a particular focus on the “parallel imposition requirement” under both the Old and New Vertical Block Exemption Regulations.

Read the full article here

Consumer Law

Denmark: Copenhagen Fashion Week faces greenwashing allegations

Copenhagen Fashion Week and seven Danish fashion brands have recently come under the scrutiny of the Danish Consumer Ombudsman for alleged greenwashing practices. The accusations claim that these entities have misled consumers by overstating their sustainability efforts. Given the increasing importance of sustainability to the fashion industry, it cannot be ruled out that similar issues and challenges may soon arise in relation to other fashion weeks around the world.

Read the full article here

Data Protection

Germany: Must online platforms provide a guest checkout?

A recent ruling by the Higher Regional Court of Hamburg (OLG Hamburg) has reignited an ongoing debate in Germany about whether online shops must offer guest checkouts due to the EU General Data Protection Regulation (GDPR). Hamburg’s decision offers valuable guidance to online retailers for assessing their own customer journeys.

Read the full article here

F&B Regulatory

Sweden: Raising the bar - Sweden's new opportunity for farm sales

The Swedish government is set to shake up the alcohol industry with proposed amendments to the Swedish Alcohol Act (2010:1622), aiming to introduce small-scale farm sales of alcoholic beverages (Sw. gårdsförsäljning). This initiative seeks to bolster local tourism, enhance food production, and provide economic benefits to small producers, all while maintaining public health standards. We provide an overview of the proposed changes and their anticipated impact on Sweden’s alcohol market.

Read the full article here

Intellectual Property

Singapore: Similar, or not similar, that is the question - thoughts and takeaways on Singapore’s marks-similarity assessment

One year on from the High Court Appellate Division’s decision in Nalli, it is timely to review the marks-similarity issue (which is a key element in enforcing one’s rights) to analyse how subsequent trade mark cases have approached it; why this issue is important in the overall context of Singapore’s step-by-step framework; and what might be some takeaways for brand owners.

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Real Estate

Australia: From shopping centres to mixed-use projects - major redevelopment plans from Scentre Group and Vicinity Centres

Australia’s retail property sector is undergoing significant transformation as major landlords pivot toward mixed-use developments, leveraging strategic landholdings to drive long-term value for their assets. Recent announcements from Scentre Group and Vicinity Centres affirm this shift and reflect a clear focus on urban density, residential integration and commercial diversification.

Read the full article here

News & Events

Are you attending the Luxury Law Summit London?

We’re delighted to be sponsoring The Luxury Law Summit again this year!

Meet members of our team on 10 June at the British Museum, and come along to our panel session at 11.45 where Corporate Partner, Nick O'Donnell, will be discussing luxury M&A and investment trends and predictions. We are also looking forward to the Luxury Law Awards, where we are nominated in two categories - Luxury Law Firm of the Year (International Law Firm) and IP Team of the Year.

Find out more here