In relation to EU competition law, the General Court hears appeals against decisions of the

IP analysis: The trade mark MYBACON was rejected by the European Union Intellectual Property Office (EUIPO) for ‘Fungi-based meat substitutes; meat substitutes; prepared meals consisting primarily of meat substitutes including fungi-based meat substitutes’ in Class 29 on the grounds that its use on the goods would be liable to deceive the relevant public (Article 7(1)(g) of Regulation (EU) 2017/1001). This decision was upheld by the Board of Appeal, which in turn was upheld by the General Court. Written by Phillip Johnson, barrister at Packington Street Chambers and professor of Commercial Law at Cardiff University.

EU Law analysis: The EU General Court clarified the scope of Article 7(1)(e)(ii) of Regulation (EC) No 40/94 by reaffirming that the exclusion for shapes necessary to obtain a technical result applies where a shape contributes to the product’s function in use, rather than merely to its manufacture. It held that the essential features of Tetra Laval’s carton packaging performed technical functions relating to containment, stability, transport, handling and material efficiency, rendering the three-dimensional mark invalid. The decision provides important guidance for practitioners assessing the registrability of packaging shapes and highlights the evidential importance of technical materials when challenging or defending shape marks. Produced in partnership with Roman Brtka of Ashurst Perkins Coie UK LLP.

EU Law Analysis: The General Court dismissed OpenAI’s challenge to the EUIPO’s refusal to register ‘OPENAI’ for goods and services in classes 9, 42 and 45, holding that the sign was inherently descriptive under Article 7(1)(c) of Regulation (EU) 2017/1001. The relevant English-speaking public would understand ‘OPENAI’ as referring to accessible, unrestricted, transparent or explainable artificial intelligence, and combining ‘open’ and ‘AI’ did not create a sufficiently distinctive neologism. The court also upheld EUIPO’s use of general reasoning across a homogeneous group of goods and services and confirmed that earlier registrations do not bind the EUIPO. Practitioners should consider logo or house-mark filings where a descriptive neologism cannot yet be supported by acquired distinctiveness. Produced in partnership with Helene Whelbourn of Lee & Thompson, LLP.

IP analysis: Hasbro owns the board game Monopoly, which is protected by trade marks. Once a trade mark is five years old, it becomes vulnerable to revocation if it has not been put to genuine use. Further, to rely on a mark in opposition proceedings, genuine use must first be demonstrated. To avoid this, some brands have used a strategy called ‘evergreening’, which means re-applying for marks every five years to avoid having to adduce evidence of genuine use. However, it is clear from this case that evergreening can amount to bad faith. The General Court held that when Hasbro filed its 2010 application for the word MONOPOLY, it had been trying to ‘evergreen’ the mark and avoid demonstrating genuine use, which the court held amounted to bad faith. This has relevance to many brands and litigants, who should reconsider their portfolios and renewals in light of this. Written by Giles Parsons, partner, and Connor Griffith, trainee solicitor, at Browne Jacobson LLP.

EU Law analysis: This is a decision of the General Court, in which it upheld the validity of a registered Community design (RCD) for a Lego toy brick. In reaching this decision, the General Court held that a design can be declared invalid only in circumstances where all of its characteristics are excluded from protection. Additionally, the General Court found that Delta Sport had not provided evidence which was capable of demonstrating why the contested design should be declared invalid, ie that it was not novel and did not have individual character, or that it should not benefit from the exception protecting modular systems. Written by Milena Velikova, trade mark attorney, and Helene Whelbourn, legal director, at Lee & Thompson LLP.

This tracks and summarises completed competition General Court cases that are not appeals. For ongoing General Court appeal cases, see General Court appeals—ongoing cases tracker. 2026 Case Issues Developments Case T- 313/21 SAS Cargo Group and Others v Commission Action brought against the Commission for failure to pay the Default Interest Amount Payable and Compound Interest Amount Payable as required by the General Court in a series of judgments, including in Case T- 39/11See Application • Judgment given—25/03/2026; action for damages upheld in part. The General Court awards damages for Commission’s failure to pay interest following annulment of Airfreight cartel decision in 2015• Hearing held—05/06/2025• Lodged—03/06/2021 Case T- 310/21 Air Canada v Commission Action brought against the Commission for failure to pay the Default Interest Amount Payable and Compound Interest Amount Payable as required by the General Court in a series of judgments, including in Case T- 39/11See Application • Judgment given—25/03/2026; action for damages upheld in part. The General Court awards damages for Commission’s failure to pay interest following annulment of Airfreight cartel decision in 2015• Hearing

Florentina Paul has pleaded guilty for unlawfully practising dentistry while she had been suspended. Stratford Magistrates' Court has sentenced her to a conditional discharge for 12 months and ordered her to pay over £2,500 in fines and legal costs. The trial followed an earlier investigation launched by the criminal enforcement team of the General Dental Council (GDC).

ARCHIVED: This Practice Note has been archived and is not maintained. Who is the General Dental Council (GDC) The General Dental Council (GDC) is a body corporate created by the Dentists Act 1984 (DA 1984) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public in relation to registered dentists or dental care professionals such as dental nurses. The GDC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GDC fitness to practise proceedings, investigations, and applications to be restored to the Register. In this Practice Note a ‘Registrant’ means: • registered dentists • registered dental care professionals This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness

Employment analysis: Following Prime Minister Rishi Sunak’s announcement on 22 May 2024 that a General Election will take place on 4 July 2024, Parliament will be prorogued on 24 May 2024 and dissolved on 30 May 2024. This analysis considers the implications of this announcement for employment-related Bills currently before Parliament and Codes of Practice awaiting parliamentary approval.

This archived Practice Note sets out the employment law pledges and policy statements from the Labour Party, the Conservative Party and the Liberal Democrats in advance of the General Election on 4 July 2024. The employment-related policies and pledges are set out in tables by topic. Links to the manifestos of other political parties are provided for reference—see: Other parties' manifestos, below. Parliamentary process Prime Minister, Rishi Sunak, requested and received permission from the King to dissolve Parliament and called for a general election to be held on 4 July 2024. Parliament was therefore prorogued on 24 May 2024, and dissolved on 30 May 2024. The parliamentary process timeline is as follows: Date Event 22 May PM requested the King to exercise prerogative power to dissolve Parliament 22 May King Charles agreed to request and announcement of general election is made to the country 23 May ‘Wash-up’ period begins 24 May Parliament is prorogued 25 May Pre-election period of sensitivity begins (formerly referred to as ‘purdah’) 30 May Parliament

Public Law analysis: This News Analysis summarises the coverage of the 2024 General Election by practice area. It includes commentary from practice area experts, Practical Guidance, news and analysis and journal entries.