Archive:2023

1
Walking the Fine “Broken” Line in Designs
2
Best Practices for Preparing for and Responding to a “Dawn Raid”
3
France’s Digital Influencer Regulation: Whether You Like It or Not, You’ll Need to Subscribe to Those Changes!
4
Dior’s Foray Into Blockchain: Fashion and Digital Proof of Authenticity
5
Fake Fashion – Sinister Online Shopping Scams on the Rise
6
Up in Arms: Giorgio Armani Wins Trade Mark Battle Over Arman’s Fine Jewellery
7
The Hermès Effect

Walking the Fine “Broken” Line in Designs

In many jurisdictions, it is customary for claimed features of a design to be depicted in solid lines while disclaimed features of a design are shown in broken lines.

In Australia, unless parts of the product are separable, a design will be read as being the overall article represented and the parts with broken lines are not completely disregarded.

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Best Practices for Preparing for and Responding to a “Dawn Raid”

Recently, several fashion houses were raided by European Union antitrust regulators based on concerns that these companies may have violated laws against cartels and restrictive business practices. Relatedly, in the United States, the current administration has been very aggressive in its enforcement of antitrust laws with a new “Won’t Back Down” approach towards litigation and increased investigative activity. The current landscape should serve as a reminder why it’s important to, first and foremost, ensure compliance with the antitrust laws around the world, but also to be prepared should the government come knocking.

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France’s Digital Influencer Regulation: Whether You Like It or Not, You’ll Need to Subscribe to Those Changes!

Amidst a sudden increase in paid-for posts that went viral for dubious products and services, France has taken a significant step toward the regulation of influencer communication. The Act no. 2023-451 (Influencers Act), which came into effect on 9 June 2023, aims not only to protect consumers but also to support the influencers, in order to foster the healthy growth of this ecosystem. France is now the first European Union (EU) country to implement a thorough framework regulating commercial influence.

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Dior’s Foray Into Blockchain: Fashion and Digital Proof of Authenticity

Dior’s B33 Sneaker

In July 2023, Dior announced its first foray into blockchain when it released B33 sneakers for men, a further example of how brands are evolving how they interact, influence, and collaborate with consumers.

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Fake Fashion – Sinister Online Shopping Scams on the Rise

Thousands of Australians are falling victim to online shopping scams every year. In June 2023 alone, over two thousand scam incidents were reported with a total combined loss of AU$1,115,264  according to the Australian Competition and Consumer Commission.1

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Up in Arms: Giorgio Armani Wins Trade Mark Battle Over Arman’s Fine Jewellery

Luxury fashion brand Giorgio Armani has successfully prevented jewellery designer “Arman’s Fine Jewellery” from registering four trade marks containing “Arman” for jewellery goods and services.1

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The Hermès Effect

Hermès 3D trademark saga in Italy might have come to an end following the Italian Supreme Court (Court) decision issued on 17 October 2022, No 30455.

The trial saga started way back in 2009 before the Court of Florence, when Hermès International S.c.p.a. and Hermès Italie S.p.A. (jointly, Hermès), sued Buti Amerigo & C s.a.s., Buti Srl, and Buti Italia Srl (jointly, Buti) for unfair competition and for IP infringements due to the production and the marketing of counterfeit Kelly and Birkin handbags, in violation of EU TMs 2083327 and 4467247; as well as Italian TMs 1003725; 1003726; 1003725, and 1003726 (jointly, the Trademarks).

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