brands | European Fashion Law

Feb 27, 20222 min read

How should an IP licence agreement be interpreted?

What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by...

Jan 29, 20222 min read

What's the risk of filing a takedown notice?

A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...

Sep 27, 20214 min read

Rare defeat for easyGroup

easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...

Sep 27, 20212 min read

Court of Appeal divided over disclosure

Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...

Sep 27, 20212 min read

Speedy justice in design case

In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat)...

Sep 2, 20213 min read

Descriptive marks beware: Judge rejects Oatly trade mark case

Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...

Sep 2, 20213 min read

Cheers to a rare EAGLE trade mark decision

This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...

Sep 2, 20211 min read

The post-Brexit clock is ticking - don't miss out!

We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...

Aug 5, 20213 min read

SKY brings good news for broad trade marks

A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...

Jul 29, 20212 min read

Mwah! Lipstick shape registered as EU trade mark

In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...

Jul 22, 20213 min read

Wonder Woman comes down to earth

The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...

Jun 23, 20212 min read

Is Cybersquatting a big problem?

In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...

Jun 14, 20212 min read

FOOTWARE trade mark not descriptive

As brands expand into new areas, particularly those driven by emerging technologies, they are often looking for innovative and memorable...

Jun 14, 20211 min read

Have your say about the exhaustion of IP rights in the UK

An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...

Jun 14, 20212 min read

What does MADE IN BRITAIN mean?

After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...

Jun 14, 20212 min read

What will Department Stores Look Like Post Pandemic?

The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...

Jun 14, 20212 min read

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...

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...

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...