Fashionably IP

Rebecca Field and Lee Curtis provide a short history of fashion IP law. They discuss the differences between US, UK and EU fashion IP law and explain that many of the differences are down to history.Timestamps:2:46 - Introduction to the development of IP law?5:42 - History of fashion IP law?10:57 - differing attitudes to the protection of fashion IP rights between Europe and the US12:42 - What has the discussion shown about the history of fashion IP law?

Rebecca Field and Lee Curtis discuss the IP rights applying to women’s shoes. Rebecca and Lee concentrate on probably the most famous women’s shoes of all, notably the red sole of Christian Louboutin. They discuss how the red sole was registered and some of the IP disputes surrounding that shoe in the EU and US.Timestamps:2:49 - How was Christian Louboutin's red sole shoe registered in the UK5.44 - IP disputes with the Christian Louboutin red sole8:49 - What other IP rights could apply to the...

Rebecca Field and Lee Curtis discuss position trademarks in fashion. What are position trade marks and how easy or hard are they to register in the world of fashion. What happens when fashion position trademarks come into conflict?Timestamps:3:02 – can you define what is a position trade mark?6:35 - Recent cases which might suggest that the registration of position trade marks is getting harder or easier9:31 - Cases on when position trade mark registrations have come into conflict?10:50 - Hav...

Rebecca Field and Lee Curtis discuss the intellectual property rights which apply to perfume, why they are integral to the success of a fashion house and how they can be protected under IP law.Timestamps:2:35 – why a perfume has historically been important to fashion houses.5:05 – why is it not possible for the smell of perfumes, at present, to be protected under trademark law in the UK and EU?6:50 – what types of IP protection could apply to perfumes?8:31 – are there any other forms of prote...

Rebecca Field and Lee Curtis discuss the intellectual property rights that apply to jewellery, some recent cases on the protection of jewellery under trademark law, and also why all things that glitter as jewellery may not always be protectable under intellectual property law.Timestamps:2:44 – Why jewellery is not a form of fashion which is apt for trade mark protection7:49 – what types of IP protection are probably better suited to the protection in the UK and EU?11:32 – Seminar on Fashion I...

Rebecca Field and Lee Curtis discuss the intellectual property rights which apply to dresses and how dress design has moulded some of the IP rights that apply to fashion items. Further, can the ‘overall look’ of a dress designer be protected via IP law, as opposed to individual dress designs?Timestamps:3:30 - how dress fashion has influenced IP and the rights that designers seek in their protection.6:23 - Community unregistered design right9:15 - Copyright protection in relation to the dress ...

Rebecca Field and Lee Curtis discuss the recent decision of the General Court of the European Union, which upheld previous decisions of the EUIPO to cancel a Community Design Registration for a pair of trainers in the name of Puma SE based on prior disclosures of the design by Rihanna on Instagram.Timestamps:3:39: How Rihanna inadvertently destroyed the novelty of the Community Registered Design of a trainer design by Puma.3:53: Rihanna signs contract with Puma 4:46: Facts of the case&nb...

Rebecca Field and Lee Curtis discuss IP law in the fashion sector via a series of objects. The second object they will discuss is the handbag. What IP rights apply to this form of fashion item? Are there any particular IP rights most applicable to the handbag? Are there any significant recent IP cases impacting handbags?Timestamps:2:42: Why is the handbag important in the world of fashion?4:04: How are they protected under IP law?4:36: Community Unregistered Design Right6:15 commercial import...

Rebecca Field and Lee Curtis start to discuss IP law in the fashion sector via a series of objects. The first object they will discuss is the humble trainer or sneaker. What IP rights apply to this form of footwear? Are there any particular IP rights most applicable to the sneaker or trainer? What special consumer issues and traits impact the protection of IP in the sneaker or trainer market? Timestamps:2:57 - Why is the sneaker market so important and why has it been the centre of some ...

Rebecca Field and Lee Curtis discuss the impact of exhaustion of rights on intellectual property law in the world of fashion. The exhaustion of IP rights is particularly important in the world of fashion retail and impact of IP rights owners’ ability control their distribution channels. Under what conditions can brand owners object to the resale of genuine branded fashion products in the UK? What is the ‘aura of luxury’? What is the impact of Brexit on exhaustion of rights in the UK? Do...

The impact of artificial intelligence on IP in fashion? Rebecca Field and Lee Curtis discuss the impact of artificial intelligence on intellectual property law in the world of fashion. What is artificial intelligence? How does an AI application learn to become a fashion designer? Can AI applications own and create IP rights in fashion? How do you deal with the issue of liability and the infringement of IP rights?Timestamps:2:44 What is artificial intelligence?4:09 How does an AI applicat...

Rebecca Field and Lee Curtis interview their HGF colleagues Lauren Somers and Emma Pallister on the quiet luxury trend in fashion and what impact does it have on IP rights. How do you protect and enforce aspects of quiet luxury?Timestamps:1:40 – Introduction to guest speakers, Lauren Somers, and Emma Pallister2:51 – Quiet luxury and buying habits.4:06 – How does quiet luxury impact IP right?7:18 - Maison Margiela trade mark9 :16 – Key takeaways when considering quiet luxury and its protection...

Rebecca Field and Lee Curtis interview their HGF colleague Suzan Moss on searching for fashion designs in the UK and EU. What IP rights do you have to consider? What about disclosure dates, novelty, and individual character? What is good practice in registering designs for fashion items.Timestamps:1:25 – Introduction to guest speaker, Suzan Moss.2:22 – Design clearance searches for fashion products3:37 – Unregistered design right protection5:41 – Date of disclosure6:36 – Brexit and design rig...

There is a lingering impact of Brexit on design and trade mark rights in the world of fashion. You might have thought that Brexit no longer has an impact of IP law in the fashion world, well it still does. The 31st December 2023 is approaching, and that date will be significant in a number of ways in IP rights in the world of fashion. We discuss the expiry of Continuing Unregistered Design Rights, Supplementary Unregistered Design Rights, the potential divergence of UK and EU laws, UK address...

Welcome to Series 3, Episode 4 of HGF’s Fashionably IP podcast. In this podcast we talk about parody fashion brands and whether there are any differences in the approach to them in the US, UK, and EU from a trade mark law perspective. Has a recent decision in the US on parody brands brought the various approaches closer together?Timestamps:02.25: Bad spaniels branded dog chew - the Jack Daniels case04:04: Why are parody brands popular in the world of fashion?05:26: Reputable fashion brands07:...

This podcast is the final in a series of three podcasts on key aspects of trade mark protection in the UK and EU. We talk about two ‘quirky’ aspects of UK and EU trade mark practice, notably series and position trade mark applications, with a fashion spin.Timestamps:03.14 – What is a series Trade mark?05.37 – What use are series Trade marks for fashion clients?06.40 – Position Trade marks08.58 – Litigation relating to position trademarks09.24 – The Christian Louboutin case10.11 – Key takeaways

This podcast is the second in a series of three podcasts on key aspects of trade mark protection in the UK and EU. We talk about the decorative use of trademarks in the world of fashion and who exactly is the average consumer in a trade mark infringement action under UK practice.Timestamps:03:04 - why is decorative or ornamental use an issue in the world of fashion and trademarks?05:41 - The Rihanna x Topshop case06:28 - Can elements of fashion design act as Trade Marks or are they purely dec...

Welcome to the first episode in series 3 of HGF’s Fashionably IP podcast. This podcast is the first in a series of three podcasts on key aspects of trade mark protection in the UK and EU. This episode will focus on the subject of goodwill with a fashion spin as ever. We will also have a special guest in this podcast but you will have to tune into the podcast to find out who it is!Timestamps:1:29 Our special guest3:15 Goodwill in the UK4:26 Can you assign goodwill?6:10 Can you explain what res...

Welcome to episode 3 of our second series of HGF’s Fashionably IP podcast. This podcast is the final podcast in a series of three podcasts on key aspects of design protection in the UK and EU. We are going to talk about all the small but potentially significant quirks and points of UK and EU Registered Design Practice, including disclaimers, drawings, descriptions and much more.Timestamps:3:05 - Drawings and disclaimers of registered designs 4:13 - PMS International Plc vs. Magmatic Limi...

Timestamps:2:39 - Novelty and the scope of infringement rights.3:33- What is the test for novelty?6:07 - What is the test for infringement for registered designs in the UK and EU?7:38 - Procter & Gamble Co vs Reckitt Benckiser (UK) Ltd case.8:20 - What is the novelty test for UK and EU Unregistered Design Rights?8:57 - Karen Millen case.

Welcome to Series 2 Episode 1 of HGF's Fashionably IP Podcast. In this episode we will be talking about disclosure and its impact of unregistered and registered design protection and we are going to have a fashion spin as always.Timestamps:1:35 - About HGF2:40 - Disclosure and registered and unregistered design rights5:14 - The Crocs case6:17 - The importance of disclosure for Unregistered Design Rights7:30 - Beverly Hills Teddy Bear Company vs PMS International case9:20 - General rules to fo...

In the ninth edition of HGF’s Fashionably IP podcast in the spirit of the new year and new beginnings or at least recycled beginnings, we are going to talk about recycling, upcycling and resale in fashion. How do IP rights impact recycling, upcycling and resale? Can a brand owner control the resale of its branded product and product which may have been upcycled or customised from the product it originally sold?Timestamps:1:51- recycling, upcycling and resale in fashion.3:05- Consequences of r...

In the eighth edition of HGF's Fashionably IP Podcast, we are doing something different to what we have done with our previous podcasts and have a Christmas special. In this podcast we are talking about Father Christmas and how if he had been starting out in his toy and joy distribution business what trade mark and design rights he could have combined in his famous red and white outfit. So we are going to combine Christmas, fashion and a bit of IP. Merry Christmas from us and all ...

In the seventh edition of HGF's Fashionably IP Podcast, we discuss the protection of shape trade marks in the world of fashion. Our discussion centres on the recent refusal by the Board of Appeal of the European Union Intellectual Property Office to register the shape of the Christian Dior saddle bag hand bag. We also touch on the decision from the General Court of the EU from 2021 to allow the registration of a cosmetics applicator by Guerlain. Why did Guerlain and Christian Dior find themse...

In this sixth podcast, we discuss the protection of geographical terms in the world of fashion. An emotive subject for businesses and countries alike.Examples of geographical terms in fashion 01:46The Windsurfing Chiemsee case 03:29Iceland (the country vs the food retailer) case 05:12Louis Vuitton's Vendôme trade mark registrations 08:20Takeaways from the discussion 09:55

In our fifth podcast we talk about trade mark rights protecting fashion designs. Design and copyright may be of obvious use, but what about trade mark rights?Timestamps:An intro to HGF and the podcastTrade mark rights to protect fashion designs and why is that an important subject 02:07Freddy SpA vs Hugz Clothing 05:12Position trade marks 07:00Takeaways from the discussion 08:37

In our fourth podcast we talk about heritage brands in fashion or brands which are sometimes unfairly called zombie brands. Can zombie fashion brands come back to life? How does trade mark deal with this particular issue of fashion IP law?Timestamps:An intro to HGF and the podcastIntro to heritage brands in fashion 1:50Why do such brands cause problems for a trade mark law? 3:32The NEHERA case 5:57Tips on what to do if you are a 'custodian' of a Zombie fashion brand 9:38Takeaways from the dis...

In our third podcast, we talk about the issue of protecting trade marks when they are the fashion product itself.An intro to HGF and the podcastThe issue of protecting trade marks when they are the fashion product itself (1:59)Louis Vuitton chequerboard design (4:48)Trade mark protection over design protection (08:01)Takeaways from the discussion (11:49)

In this second podcast, we are going to talk about the colour in fashion and the difficulties of protecting it.

In this first podcast, we are going to talk about the use of personal names as ‘brands’ and why this is an important subject in the world of fashion.An intro to HGF and the podcast Why is the use of personal names as brands important in the world of fashion (2:41)The Elizabeth Emanual case (4:35)The Karen Millen case (9:40)Learnings from the case examples (11:23)