fashion | European Fashion Law

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 3, 20212 min read

A jewel by any other name... passing off in the jewellery world

Miss Recorder Amanda Michaels, sitting as a judge in the IPEC, has upheld a claim for passing off in a dispute between two jewellery...

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

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...

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...

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 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 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 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...

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...

Oct 13, 20202 min read

Search Orders - an important tool to stop counterfeits & more

There are many reasons why someone might want to get a search order. It is a very draconian remedy that gives a successful applicant the...

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...

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...