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.
Read MoreRecently, 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.
Read MoreDior’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.
Read MoreThousands 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
Read MoreLuxury 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
Read MoreHermès 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).
Read MoreHigh-end outdoor clothing brand Patagonia Inc is taking on fast fashion retailer Gap for copying its “iconic” fleece jacket design. Patagonia Inc has filed court proceedings in the Federal Court.
In a complaint filed on 22 November 2022, Patagonia alleges that Gap willfully and deliberately copied the fleece design through the creation and sale of its “Mockneck Pullover” jackets, mimicking the flap pocket and rectangular logo of Patagonia’s classic “Snap-T” fleece jackets (both shown below).
Another unfavourable decision on non-traditional trade marks has landed, now in relation to Dior’s iconic Saddle bag. The EUIPO’s Second Board of Appeal decided that Dior’s Saddle bag is not distinctive with respect to handbags. The decision is seen as surprising yet not unpredictable, given the recent history of unsuccessful trade mark applications for 3D signs (for example, see our previous article on the Moon Boot case here).
Read More“Fashion is not something that exists in dresses only. Fashion is in the sky, in the street, fashion has to do with ideas, the why we live, what is happening.”
Coco Chanel
In this edition of Fashion Law, we cover a range of topics which are having an impact on businesses and consumers in the fashion and luxury products sector worldwide.
Read MoreThe trend of regulators cracking down on misleading green claims or the so-called “greenwashing” continues this week. In the latest development, on Friday 29 July 2022, the British competition watchdog, the Competition and Markets Authority (CMA), launched an investigation into the eco-friendly claims of retailers Asos, Boohoo, and Asda.
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