Talking Shop September 2025
Written By
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
Welcome to the September 2025 edition of Talking Shop!
This edition spotlights the revival of mono-brand luxury retail across the UK, alongside key updates in arbitration reform and corporate crime legislation. We cover major developments in consumer protection, data privacy, and ESG, including rulings on misleading pricing, biometric data use, and circular packaging in beauty. In IP, we highlight recent decisions on bad faith trade marks, geographical indications, and exhaustion principles.
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:
- Spotlight on mono-brand stores
- Commercial Contracts
- Consumer Law
- Data Protection
- Dispute Resolution
- ESG
- Intellectual Property
Spotlight
The Great Luxury Mono-Brand Luxury Retail Revival
Luxury retail is making a confident comeback, with mono-brand stores re-emerging across the UK as consumer appetite for immersive, in-person experiences grows. From branded cafés to Instagram-worthy interiors, premium brands are investing in physical spaces that blend lifestyle with shopping. Digitally native labels like Skims and TALA are joining the movement, while beauty giants such as Sephora and Rituals expand nationwide. This revival signals a shift toward omnichannel strategies that fuse digital innovation with experiential retail.
Commercial Contracts
UK Government Unveils Small Business Plan to Support SMEs by Tackling Late Payments
The proposed legislative framework introduces mandatory interest on overdue invoices, stricter payment terms, and new reporting obligations for large businesses. It also grants enforcement powers to the Small Business Commissioner to investigate and penalise unfair payment practices. These measures aim to improve SME cash flow and reshape payment culture across UK supply chains, applying to businesses regardless of sector or location.
Consumer Law
Australia: Cleared for Penalties - Webjet’s Misleading Consumer Practices Don’t Fly with the Federal Court
Australia’s Federal Court has ruled that online travel agency Webjet engaged in misleading conduct by displaying “strike-through” prices and discount claims that lacked transparency. The judgment highlights the importance of clear and accurate pricing in digital consumer environments and signals increased regulatory scrutiny of online marketing practices. Businesses operating in e-commerce and travel sectors should review promotional strategies to ensure compliance with consumer protection laws.
Europe: EU Revised Product Liability Directive 2024 - Navigating the New Liability Framework for Non-EU Manufacturers
The Revised EU Product Liability Directive, effective from 9 December 2026, expands liability for non-EU manufacturers and digital service providers. It introduces cascading liability across EU-based entities and strengthens rules around evidence disclosure, smart products, and AI systems. Businesses must reassess supply chains and compliance strategies to mitigate risk.
Data Protection
Australia: OAIC Determines Kmart Breached the Privacy Act 1988 (Cth) Over Use of Facial Recognition Technology
Australia’s privacy regulator, the OAIC, has found that Kmart breached the Privacy Act 1988 (Cth) by collecting facial recognition data in stores without proper consent or transparency. The ruling highlights growing regulatory scrutiny around biometric technologies and reinforces the need for clear privacy notices and lawful data handling practices. As businesses increasingly adopt AI-driven surveillance tools, this decision serves as a warning to prioritise compliance and consumer trust in digital environments.
Dispute Resolution
UK: New UK Failure to Prevent Offence - Is your business ready?
The new UK “failure to prevent fraud” offence, coming into force on 1 September 2025, introduces corporate liability for fraud committed by employees, agents, or subcontractors where the organisation benefits and lacks reasonable prevention procedures. It applies to large organisations meeting specific financial or staffing thresholds and has extraterritorial reach. The Serious Fraud Office will be empowered to prosecute a wide range of offences, and businesses must now assess their exposure and implement proportionate safeguards to avoid liability.
UK: The English Arbitration Act 2025 - Key Changes Coming into Force on 1 August 2025
The English Arbitration Act 2025, coming into force on 1 August, introduces targeted reforms to modernise arbitration in England and Wales. Key changes include a statutory duty of disclosure for arbitrators, streamlined summary disposal procedures, and clarified rules on governing law and court powers. Designed to reinforce London’s status as a global arbitration hub, the Act balances procedural efficiency with party autonomy. We explore what these updates mean for commercial dispute resolution and how businesses can prepare.
ESG
France: Circular Beauty - Perfume Bottles Get Second Life in French Anti-Waste Pilot
France’s beauty industry is embracing circular innovation with the launch of “La Boucle Beauté Parfums,” a nationwide pilot aimed at reusing perfume bottles under the country’s Anti-Waste Law for a Circular Economy (AGEC). Backed by major brands like Dior, Estée Lauder, and Diptyque, the initiative offers consumer incentives and uses cutting-edge CO₂ cleaning technology to reduce packaging waste. As regulators across Europe push for sustainability, this collaborative model could set the standard for circular beauty practices beyond France.
Intellectual Property
Europe: It’s never too late - time won’t heal bad faith marks
In a recent decision, the CJEU confirmed that trade marks filed in bad faith can be invalidated at any time, regardless of how long they’ve been in use. The ruling clarifies that acquiescence does not protect registrations made with dishonest intent, reinforcing that bad faith is an absolute ground for invalidity. Brand owners now have stronger grounds to challenge fraudulent filings, even years after they were first registered or used.
Europe: Landmark Polish ruling - Prosecco’s protected designation of origin infringed by cosmetics brand
In a landmark ruling, a Polish court found that the use of “Prosecco” by a cosmetics brand infringed the EU’s protected designation of origin (PDO) for the sparkling wine. The decision reinforces the broad scope of PDO protection, confirming that misuse in unrelated product categories, such as beauty and personal care, can still mislead consumers and damage the reputation of the original product. This case sets a precedent for stronger enforcement of geographical indications across sectors.
Europe: The Spanish Supreme Court Clarifies Trade Mark Exhaustion and Burden of Proof Under Article 15 EUTMR
In a recent decision, the Spanish Supreme Court clarified how trade mark exhaustion operates under EU law and who bears the burden of proof. The ruling confirms that it is up to the defendant to prove that a trade mark has been exhausted, unless doing so would enable market partitioning across Member States. This aligns with CJEU case law and reinforces the balance between protecting trade mark rights and maintaining the integrity of the EU internal market.
