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Consumer Products

Portugal

Consumer Products has long been a core area for CMS Rui Pena & Arnaut. Through our commitment to provide complete, solid and strategic advice to our clients, we have developed a significant expertise in Consumer Products with the most diverse clients, from all industry and service sectors and, in particular, in specialist products, including healthcare goods, food and drink or the automotive industry.

Our aim is to understand clients needs, appreciate the broader context and deliver the best fitted solutions to meet clients’ commercial goals.

To this end, we have extensive experience in a variety of high profile contentious and non-contentious matters, namely:

  • A wide variety of commercial agreements, including agency and distribution arrangements, franchising, advertising and marketing, supply of goods and services
  • All regulatory aspects pertaining to promotions, sponsorship and marketing agency agreements, comparative advertising campaigns and disputes, labeling and brand protection
  • Drafting of all relevant types of agreements for consumers, including credit  agreements
  • Advising companies on structuring distribution relationships compliant to EU and Portuguese competition law
  • Restructuring existing franchise and distribution relationships and advising in relation to orderly franchise and dealership terminations

The diversity in background of our cross-disciplinary teams, as well as our close cooperation with Consumer Products lawyers in other CMS offices, enables us to provide an industry-focused service to clients across Europe.

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Fernando Cruz Trinca
21/1/2018
Itali­an are mov­ing to Por­tugal to re­tire
Sky Italia 24
09/07/2019
New Dir­ect­ives reg­u­lat­ing sales to European con­sumers
As part of the European Com­mis­sion’s Di­git­al Single Mar­ket Strategy, the European Uni­on has re­cently ad­op­ted two Dir­ect­ives which will ap­ply from 1 Janu­ary 2022. The Sale of Goods Dir­ect­ive relates to the sale of goods to con­sumers and the Di­git­al Con­tent Dir­ect­ive.
19/06/2013
CMS Con­sumer Products Group
25/06/2019
New European Dir­ect­ive on un­fair trad­ing prac­tices in the food sup­ply...
European Dir­ect­ive 2019/633 on un­fair trad­ing prac­tices in B2B re­la­tion­ships in the ag­ri­cul­tur­al and food sup­ply chain has been pub­lished in the Of­fi­cial Journ­al of the European Uni­on. This Dir­ect­ive aims to pro­tect SMEs and mid-range en­ter­prises against stronger.
14/06/2019
The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic Ap­plic­ants”) filed an ap­plic­a­tion for a de­clar­a­tion of in­valid­ity.
23/05/2019
Tack­ling single-use plastics: the ad­vent of many leg­al meas­ures which...
Yes­ter­day’s an­nounce­ment that sub­ject to cer­tain ex­cep­tions plastic straws, plastic stemmed cot­ton buds and plastic bever­age stir­rers in Eng­land will be pro­hib­ited from sup­ply as of April 2020 has gained much me­dia at­ten­tion in the UK.
02/11/2018
Tack­ling plastic – new meas­ures for the food and drink in­dustry
In the au­tumn 2018 Budget, the UK gov­ern­ment an­nounced that it will in­tro­duce a tax on plastic pack­aging pro­duced in, or im­por­ted in­to, the UK, which con­tains less than 30% re­cycled con­tent (sub­ject to con­sulta­tion).
27/09/2018
Dutch Gam­ing Au­thor­ity fines on­line bet­ting op­er­at­or EUR 312,500
The Dutch Gam­ing Au­thor­ity (DGA) has im­posed a fine of EUR 312,500 on on­line bet­ting op­er­at­or Mr Green Ltd (Mr Green), which ex­ploits the web­site www. mr­green. com, for vi­ol­at­ing the Dutch Bet­ting and Gam­ing Act (WOK).
27/09/2018
Na­tion­al gambling au­thor­it­ies is­sue a de­clar­a­tion in which they raise...
On 17 Septem­ber 2018, 17 gambling reg­u­lat­ors is­sued a de­clar­a­tion in which they raised their con­cerns re­lated to the blur­ring lines between gambling and gam­ing. The de­clar­a­tion iden­ti­fies four main areas of con­cern: skin bet­ting, loot boxes, so­cial casino gam­ing.
25/07/2018
Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
14/06/2018
CJEU rules that Louboutin's red sole trade mark is not a shape trade...
On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judge­ment in the case about Louboutin’s red sole trade mark, rul­ing that this trade mark does not re­late to a spe­cif­ic shape of sole for high-heeled shoes since the de­scrip­tion ex­pli­citly.
07/06/2018
In­de­pend­ent re­view of in­teg­rity in ten­nis
In early 2016, the four or­gan­isa­tions prin­cip­ally re­spons­ible for gov­ern­ing pro­fes­sion­al ten­nis at the in­ter­na­tion­al level, the ATP, the WTA, the ITF and the Grand Slam Board (the "In­ter­na­tion­al Gov­ern­ing Bod­ies") ap­poin­ted an In­de­pend­ent Re­view Pan­el (the.