Retail

We acted for Aldi in the highly publicised claim by M&S that Aldi’s Cuthbert the Caterpillar cake infringed trade marks in M&S’s Colin the Caterpillar cake, or that it amounted to passing off. The war of the caterpillars was hard fought and very public:

Our team members were required to draw on their commercial and diplomacy skills, in addition to advising on the intellectual property rights at play, in order to defend and ultimately settle a claim with so much press interest. The matter is now resolved on confidential terms. We advise Aldi, often consulting with its advertising agency, on all aspects of its advertising and marketing, including television, online, print, OOH and social media marketing. Seasonal campaigns, sponsorships and events are all areas of particular expertise in addition to associated PR and reputational management advice.

We advise Aldi UK on a wide range of data matters, including on its first checkout-free Shop&Go where people can shop without having to scan a product. Its checkout-free supermarket is one of the first of its kind in the UK and has attracted considerable media attention.

We advised on the Data Protection Impact Assessment in relation to the data processing conducted by its new checkout- free Shop&Go concept store. We have also advised on the privacy notices and anti-fraud procedures in relation to this store following launch of the pilot. We have also advised on Aldi’s “BAU” data matters, including: (i) its new customer online customer feedback arrangements; (ii) reviewing and negotiating data sharing agreements with third parties; (iii) its employee data retention policies.

Freeths advised Joseph on a significant project to simplify their supply chain for their European and rest of the world business. This involved the closure of their own warehouse facility and the migration to a specialist 3PL provider for all warehouse and logistics requirements. This included wholesale, own stores and online.

We are appointed as Joseph’s virtual in-house legal team and manage their entire trademark portfolio.

We’re excited to continue to build upon our existing successful relationship, supporting an iconic luxury fashion brand in the new era of retail.

Freeths work closely with TALA, the sustainable lifestyle/ activewear brand founded by influencer and entrepreneur Grace Beverley. Freeths acted for TALA on its first fundraise, with lead venture capital investors Active (acting by its fund Active General Partner III LLP), certain funds managed by Venrex Investment Management LLP and Pembroke VCT plc as well as a number of individual angel investors. Freeths have since advised Grace Beverley on the follow-on and angel investment and on various commercial matters.

Scotch Corner Designer Village will be the leading designer outlet-shopping destination in the North of England, due to open Autumn 2023. Blue Diamond are already signed to the home and garden centre aspect and headline exchanged retailers for the outlet include Adidas, Hugo Boss, Tommy Hilfiger, Calvin Klein, Joules, Dune London, and many others.

The Freeths team is acting for the landowner/ developer on all aspects, including real estate, pre-lettings, infrastructure, funding and construction. We acted on all land acquisition aspects and continue to deal with option drawdown needed for the home and garden centre. This is most likely the largest single site retail-led project currently advised on by a law firm outside of London at present.

Freeths have a long-standing relationship with PVH (parent company of Tommy Hilfiger and Calvin Klein), supporting various areas of the business. Freeths recently advised PVH in negotiating contracts with Heathrow Airport and various suppliers in setting up a new retail reserve and collect model for Calvin Klein and Tommy Hilfiger underwear and apparel. This follows the PVH x Heathrow retail vending project completed by Freeths in the previous year. The negotiations and implementation were successful, resulting in a strengthened relationship with Heathrow. We are excited to continue advising PVH on new projects in this space.

Freeths have become the “go to” firm of a leading retailer in providing compliance advice in respect of all consumer products which it intends to sell on the UK market. These are wide ranging and include items such as electronic equipment, toys, pet accessories, sports clothing and equipment, detergent and cleaning products, kitchen accessories, make-up and cosmetic products, paints, and home furniture amongst others. This also extends to advising on remedial action, including product recalls, where a non- compliant product has been placed on the market as well as dealing with any enforcement action by Trading Standards.