Sarah Hadland

Director, S.H. & Associates

Sarah has specialized in intellectual property law for over 20 years. She advises clients from multi-nationals such as Next Retail, Urban Outfitters and Ty Inc. (Beanie Babies) to small fabric designers, food manufacturers, authors and franking machine installers. She manages all aspects of intellectual property from dispute resolution to negotiation and drafting of contracts.

Sarah has established recognised expertise in the retail and design sectors, and in particular for managing design right and copyright disputes, and in 2013 was awarded the ILO Client Choice Award for intellectual property (Designs/UK). Her clients made the following comments to ILO during its research:

“I have found Sarah to be one of the most genuine, honest and trust worthy people that I have had the pleasure to work with”.

“Instinctively she seems to know when to fight and when to settle and I have the utmost confidence in her ability and judgement”.

Sarah also has a reputation for managing trade mark portfolio work and substantial trade mark and passing off disputes, (Teleworks Ltd –v- Telework Group; Gucci –v- Next). She was described in the 2015 edition of World Trademark Review as “a wonderful trademark practitioner, highly capable in prosecution and enforcement”. She is listed in both Legal 500 and Chambers as a leading individual who “continues to command the respect of peers and clients. One client enthused: "It's great to have someone like Sarah – you can have complete faith in everything you need to have faith in: her judgement, her acumen and her ability to get a good result." [Chambers]

Sarah is dedicated to understanding her client’s businesses in order to provide cradle to grave IP support, and to provide advice which is proportionate and relevant to the commercial imperatives of the business.

Contributed to

2

Business Protection from Misleading Marketing Regulations 2008 and passing off

Practice notes

This Practice Note deals with the different rights used by businesses to protect against unfair business practices. It deals with legislation and regulation, misleading advertising, comparative advertising, the relationship between the Business Protection from Misleading Marketing Regulations 2008 (BPR 2008) and the Trade Marks Act 1994, offences, enforcement, the advantages and disadvantages of BPR 2008, passing off and alternatives to an action under BPR 2008 or passing off.

Consumer Protection from Unfair Trading Regulations 2008 and their role in protecting brands

Practice notes

Both consumers and brand owners can use the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) in order to address unfair business practices including misleading statements or omissions and aggressive practices. There is a private right of redress for consumers under the Regulations which are also enforceable via the Chartered Institute of Trading Standards. In practice, a brand owner is likely to rely on their intellectual property rights and to assert trade mark infringement, passing off and/or design infringement instead of or as well as CPUTR 2008.