EU | European Fashion Law

Nov 20, 20212 min read

When can Parts of a Ferrari be protected as Unregistered Designs?

When can component parts of a product be protected as unregistered Community designs (UCDs)? The Court of Justice of the EU (CJEU)...

Nov 5, 20212 min read

'Green' trade marks on the rise

We’ve all become more conscious of climate change and other environmental issues over the past 25 years – and that can be seen in the...

Jul 22, 20212 min read

MILEY CYRUS gets name mark through in EU

A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name...

Jun 24, 20213 min read

CJEU takes pressure off Pirelli in shape TM case

Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...

May 28, 20212 min read

Judge backs employees in trade secrets contract case

The High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...

May 8, 20214 min read

Give this passing off case a butchers

Passing off is often added as an afterthought to a trade mark infringement action. In those circumstances, it is very often successful....

May 8, 20212 min read

MONOPOLY cannot last forever without regular use

The EU General Court has upheld the EUIPO Board of Appeal decision in the MONOPOLY trade mark case. This is a long anticipated and...

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?...

Feb 23, 20211 min read

‘Genuine use’ for EU trade marks

The Court of Justice of the European Union (CJEU) has ruled that ‘genuine use’ for EU trade marks can be established through the...

Feb 22, 20211 min read

Are you Notorious? The USTR updates its list of Notorious Markets

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

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 24, 20212 min read

The limits of shape protection: The Gömböc example

It is very challenging to obtain a legal monopoly in a shape. The easiest solution is to file one or more registered designs within the...

Jan 19, 20213 min read

Future gazing in a time of global crisis

There is no doubt that we are living through an unstable time. The pandemic has changed daily life for everyone. Politics are far from...

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...

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 4, 20203 min read

Don't lose your rights after Brexit

We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...

Oct 4, 20203 min read

Don't lose your rights after Brexit

We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...