rights | European Fashion Law 2/3

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...

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 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...

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...

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...

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 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 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...

Sep 6, 20202 min read

The human cost of exclusion

The Luxury Law Summit looked at many business and legal issues but one of the great themes across the day was collaboration. Many...

Sep 6, 20202 min read

What does the Platform to Business Regulation mean for fashion?

The new Platform to Business Regulation (P2B regulation) applies across the EU from 12 July 2020. This Regulation is part of the EU's...

Sep 5, 20203 min read

Protecting your brand Apple style

Scott Gilen (Director of IP Enforcement Global at Apple) spoke at the Luxury Law Summit about how his team stops Apple fakes (both...

Sep 5, 20204 min read

Negotiating the new normal

Georgina McManus (Global GC at Manolo Blahnik) and Ashleigh Hegarty (GC and Privacy Officer at Charlotte Tilbury) spoke to Kate Wilkinson...

Sep 5, 20204 min read

The future of luxury in a post pandemic world - the Harrods take

Inevitably the pandemic took centre stage at the Luxury Law Summit (3 September 2020) but thankfully it was not the only issue in the...

Aug 22, 20202 min read

Smart fabrics in wearables and their protection with Intellectual Property rights

Here is another guest post from Marta Carmona (Master of Advocacy at the University of Málaga) Smart fabrics are textiles which include...

Aug 22, 20202 min read

How do you terminate a contract?

It is common for business priorities to change and relationships to improve or sour over time. At some point you will want to end a...

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...