dispute | European Fashion Law 2/2

Apr 21, 20212 min read

Satan Shoes - Nike and the devil tussle over trade mark exhaustion

Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...

Apr 17, 20212 min read

The straw that broke the camel's CRYPTOBACK? Trade mark survives validity challenge

The IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...

Feb 22, 20212 min read

Why contracts are in writing: lessons from an oral trade mark co-existence agreement

A recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name...

Feb 22, 20213 min read

Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon

When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...

Feb 19, 20211 min read

USTR Notorious Markets List

In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...

Jan 27, 20212 min read

Domain names are personal property

Domain names have been treated as a type of intellectual property for years but their precise status has not been clear in the UK, until...

Sep 29, 20202 min read

Trade marks in China

There has long been a recognition that Chinese trade mark law has been moving toward a more reliable and consistent process. This is...

Sep 20, 20205 min read

Online counterfeits - the Alibaba, Police and Brand perspective

Some luxury brands still choose to not operate an online presence. Whether this is sustainable in the long term is unclear. Regardless of...

Jun 13, 20203 min read

A General Civil Restraint Order against further IP claims - Is this the end of Perry v Brundle?

A Civil Restraint Order restricts the subject of the Order - usually a serial claimant - from bringing further claims in the future...

Dec 6, 20197 min read

You can't cruise from cars to clothing - luxury trade marks and brand extensions post Bentley

Bentley Clothing v Bentley Motors [2019] EWHC 2925 is a classic David v Goliath dispute. You have a small family owned business versus a...

Sep 4, 20192 min read

Louboutin - red soles and trade mark protection

The red sole on the base of Louboutin shoes has been the focus of both media and legal attention for many years. There has been extensive...

Mar 10, 20191 min read

European Fashion Law: The book is out!

We have had the launch parties and the book is officially OUT NOW! I've had such lovely feedback already. I hope you both enjoy it and...

Mar 1, 20192 min read

Brexit & IP - what you need to know

Brexit may be nearly upon us. If this happens after 29 March there are various short term consequences to registered rights in the UK and...

Jan 5, 20192 min read

Smells like IP infringement?

The fashion industry is no stranger to IP disputes. In the last year, The IPKat has written about disputes involving Zara, Nike and Nike...

Nov 27, 20182 min read

Unregistered designs - the unknown but super useful IP right

Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design...

Nov 25, 20183 min read

How much is a photograph worth?

Photography cases have occupied a lot of the early years of the revamped IP Enterprise Court (or IPEC) more than any other type of case. ...

Oct 25, 20183 min read

Designs - what are they and how do they protect the fashion industry?

The fashion industry has obtained enormous benefits from the protection offered by design law in the European Union. But to say that...

Aug 18, 20183 min read

How to start a fashion business

When you start a new fashion business, there are lots of competing interests for your time. You want to get finance to pay for stock and...

Oct 30, 20173 min read

Trade mark use dispute? You can ABANKA on it

Abanka DD v Abanca Corporacion Bancaria SA [2017] EWHC 2428 is a recent High Court appeal from the UK's Intellectual Property Office. It...

Sep 13, 20173 min read

Schweppes = Schweppes - Two trade marks with different owners

The rules surrounding parallel goods in the European Economic Area (EEA) may at first seem straightforward - once a product has been...