retail | European Fashion Law

Feb 27, 20222 min read

What do you think of the UK designs system?

The UK Intellectual Property Office (UKIPO) has launched a call for views on the designs system. It says this will “help us better...

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, 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...

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

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...

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 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...

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 27, 20203 min read

A slippery design can't slide away from invalidation at EUIPO

Designs are often denied the IP limelight. This is for many reasons. One cause is perhaps a little circular: because designs are less...

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...

Sep 8, 20203 min read

Can the Internet save Luxury?

The Luxury Law Summit took time to consider the big picture commercial and business model questions which will affect legal decision...