Archive: March 2021

1
Riding On Coat-tails, Doesn’t Come Free: UK High Court Awards Additional Damages for Oh Polly’s Flagrant Infringement of House of CB’s Unregistered Design Rights
2
When Is an Office Chair Design Famous? U.S. Supreme Court Won’t Hear Herman Miller’s Trade Dress Appeal Regarding the Eames Chair
3
GLITTERS DID NOT MAKE SUCH A SPARKLE DIFFERENCE…NOT ON THIS OCCASION!

Riding On Coat-tails, Doesn’t Come Free: UK High Court Awards Additional Damages for Oh Polly’s Flagrant Infringement of House of CB’s Unregistered Design Rights

On 24 February 2021, the UK High Court found that a number of Oh Polly dress designs had infringed the unregistered design rights of its competitor, House of CB. This recent decision confirms the risk of additional damages being awarded if infringers flagrantly copy third party designs, whilst also confirming the difficulties brand owners face in bringing passing off actions based solely on copycat designs.

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When Is an Office Chair Design Famous? U.S. Supreme Court Won’t Hear Herman Miller’s Trade Dress Appeal Regarding the Eames Chair

The U.S. Supreme Court decided not to take up Herman Miller, Inc.’s appeal from a Ninth Circuit holding that partially overturned a jury verdict and held that Herman Miller’s popular Eames office chair (average retail price US$1,200) is not “famous” enough to qualify for trade dress dilution protection.[1] The Supreme Court’s denial of Herman Miller’s petition means the Ninth Circuit’s decision will stand.

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GLITTERS DID NOT MAKE SUCH A SPARKLE DIFFERENCE…NOT ON THIS OCCASION!

The sparkle effect that characterizes, since the very beginning, the Blonde Salad shoes did not impress the judges of the Court of Milan in a case in which the Tecnica Group S.p.A. (“Tecnica”) appealed the competent authorities in order to defend their famous Moon Boot snow boots – inspired by the footwear used by astronauts in the 1969 moon landing – against the snow boots marketed with the Chiara Ferragni Collection’s trademark.

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