Consumer & Retail – Page 3 – Fashion Law Watch

“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging

Jul 15 2021

In what will be welcomed by innovative design brands, on 14 July 2021, the General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a three-dimensional mark must be undertaken by reference to the specifics of common practice in the market for the relevant products.

White House Provides Guidance on “Made in America” Executive Order

Jun 29 2021

By Susan Kayser and Lauren Burke

On June 11, 2021, the White House issued initial guidance on how President Biden’s January 25, 2021 “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers” (“Order”) will be implemented. The Order aims to ensure that the federal government is spending taxpayer money on American-made goods, by American workers, and with American-made component parts. This is significant considering the nearly $600 billion the federal government spends annually.

The “Made in America Office” (MIAO) established by the Order is within the Office of Management and Budget (OMB). The MIAO will review any exceptions from or waivers of Made in America Laws filed by government agencies. The renewed focus on “Made in America” as implemented by the MIAO will likely influence enforcement of Made in America claims as well.

UNICOLORS v. H&M: COPYRIGHT REGISTRATION VALIDITY

Jun 18 2021

By Susan Kayser and Betsy Byra

On June 1, 2021, the Supreme Court granted certiorari in the ongoing case of Unicolors v. H&M Hennes & Mauritz, L.P., No. 20-915. With a nearly $1 million copyright verdict on the line, pattern manufacturer Unicolors, Inc.’s (“Unicolors”) fate is now at the Supreme Court to decide whether courts should refer copyright registration validity challenges to the Copyright Office where there is a known misrepresentation in the registration, but no evidence of intent to defraud.

Fashion Law Update

May 14 2021

“Style is the only thing you can’t buy. It’s not in a shopping bag, a label, or a price tag. It’s something reflected from our soul to the outside world—an emotion.”
Alber Elbaz

In this edition of Fashion Law, we have a huge selection of articles from around the world.

As many countries ease into a new way of living with/post COVID-19, the way we do business has changed. Some businesses managed to expand their offerings going online, while others needed to increase their brand protection to counteract copycats, trade mark and design infringements.

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

Mar 17 2021

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.

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

Mar 10 2021

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.

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

Mar 04 2021

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.

Australian Movement Trade Marks: Businesses “Moving” with the Times?

Feb 28 2021

In a technological age where most consumers are receiving their information digitally, brands need to find new ways to engage with consumers. With nine out of ten Australians owning a smart phone and spending on average three hours a day on their devices, consumer engagement by way of multimedia is growing, increasing the popularity of movement trade marks.

The first movement trade mark was registered in Australia in 2002. There are currently 99 registered movement trade marks in Australia.

The image of woman objectification in advertising is no longer compliant as well as fashionable

Feb 25 2021

In the context of modern advertising, especially in the countries of the old continent and in the fashion market, the image of women has been severely challenged. This is a tricky topic with multiple socio-cultural, economic and political implications. Advertising is often accused of crossing the limits, with the risk of reducing the female image to a stereotyped object of mere commercial persuasion, also able to affect customers’ actions.

“Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms

Jan 22 2021

The owner of the trademark “LETTUCE TURNIP THE BEET” cannot prevent third parties from printing the mere phrase on t-shirts, tote bags, or other products. The U.S. Court of Appeals for the Ninth Circuit affirmed on January 20, 2021 that consumers are likely to purchase such products because they find the phrase aesthetically pleasing and not because they associate the phrase with any particular source. LTTB LLC v. Redbubble, Inc., 19-16464 (9th Cir. 2021).

Catagory:Consumer & Retail