Resell, resell, resell! Etsy buys Depop
The retail space may still be recovering from some post Covid (& Brexit) turbulence, ecommerce continues to buck the trend. Etsy has...
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May 1, 20212 min read
Chanel and Huawei logos are dissimilar
The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...
Mar 9, 20212 min read
Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU
Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25?...
Mar 7, 20215 min read
How do you win a fashion dispute? Find out why I love unregistered designs
How can you stop someone from systematically copying your brand? What if it went further than just your designs and covered everything...
Mar 7, 20211 min read
Image protection in the UK and beyond
Image rights are both hugely important and a fallacy. The UK, has no specific law of "image rights" but it is possible to protect a...
Feb 23, 20212 min read
Influencers are advertising... and the ASA is watching
Influencers are advertisers. This has been clear for some time. But now influencers are trending for the wrong reasons as the Advertising...
Feb 2, 20213 min read
Passing off vs US law contract - guess which eagle wins?
Mr Justice Miles’s judgment in Lyle & Scott Limited v American Eagle Outfitters, Inc is an important decision for international fashion...
Feb 2, 20212 min read
Watch out! New employees could lead to a breach of confidence claim against you
A new employee joins a business. They have lots of new ideas and suggestions. Sounds great but might you be at risk? To put it another...
Feb 2, 20212 min read
Brand investment pays off for Dr Martens
Dr Martens, the footwear and clothing brand that defined my teens, is launching an initial public offering (IPO) which could value the...
Jan 29, 20212 min read
Brands prosper despite business difficulties
It’s a sad consequence of the COVID-19 pandemic and the lockdowns in many countries that retailers have lost business, and regrettably...
Jan 27, 20212 min read
A recent development for Position marks
The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...
Jan 26, 20213 min read
Covid and the digital future for the fashion industry
There is no doubt that Covid has been extremely challenging for retail in general and fashion in particular. These challenges have...
Jan 15, 20212 min read
The Janger Ltd v Tesco Plc
What does the fashion industry hang on? The Janger is designed for travel and holiday use (so probably isn't getting a lot of use at the...
Jan 6, 20211 min read
Arbitration (clauses) last a long time...
Are arbitration clauses a good idea? This post is not going to resolve this longstanding debate but it will highlight some of the...
Jan 6, 20212 min read
European Commission takes fight to online counterfeiters
Is help coming to tackle the scourge of counterfeits sold on online marketplaces? Counterfeit goods affect all businesses as they grow...
Dec 24, 20201 min read
The last Community Design case (in the UK)
A case regarding “ballet flats” is likely the last time in which a UK court will sit as a Community Design Court, and the judgment was...
Dec 24, 20202 min read
Brand extensions beware!
You take a famous car company with a well known trade mark, say Ferrari, and decide that you can get an entirely new revenue stream...
Nov 26, 20202 min read
Protecting digital designs - the clock is ticking
Designs are one of the key IP rights for the gaming and fashion industries but they are complex and consequently poorly understood. There...
Oct 28, 20202 min read
What happens if the trade mark you use in practice is different to your registration?
Branding and trade mark use can change in subtle (and not so subtle) ways over time. For example, it may be used in a different typeface,...
Oct 25, 20204 min read
Will wearable tech revive retail?
Fashion and technology have long been on a collision course and, like so much, the pandemic has accelerated things in a dramatic and life...
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