IP: Trade Marks, Copyright & Designs

The Hermès Effect

Jan 17 2023

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).

Mind the Gap: Patagonia Sues Gap For Copying Fleece Design

Nov 28 2022

High-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).

Nov 17 2022

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).

Fashion Law Update – August 2022 Edition

Aug 18 2022

“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.

Just Seen to be Green? CMA Launches Investigation Into Three Fashion Companies

Aug 16 2022

The 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.

Mar 02 2022

K&L Gates is proud to be hosting, as part of the PayPal Melbourne Fashion Festival, its annual fashion law seminar. As an Official Supporting Partner of the 2022 Festival, this year our session will cover recent changes to the Australian Designs Act and how these changes will assist fashion designers in protecting their valuable designs.

Fashion Law Update – November 2021 edition

Nov 23 2021

“Fashion is the armor to survive the reality of everyday life“
Bill Cunningham

In this edition of Fashion Law, we look at the emerging and evolving trends within the retail, luxury goods and fashion sectors post COVID-19 around the world.

In this edition, we focus on a few themes which include:

Navigating a fashion brand’s transition to direct to consumer
Important updates for brands selling goods in Europe
Managing supply chain risk – the U.S. perspective
Consumer Law in Australia
What’s happening in fashion intellectual property?

Optimising your D2C e-commerce fashion operation – top 10 tips

Oct 07 2021

The COVID-19 pandemic accelerated most brands’ plans to grow their own direct to consumer (D2C) e-commerce presence. For many brands, this has become essential to their continued survival and competitiveness.
However, how does a fashion brand run a successful e-commerce site whilst retaining the exclusive allure and personal feel of its designer stores? What are the key legal pitfalls it should be looking out for as it navigates this changing landscape? We’ve pulled together 10 lessons learnt over the past 18 months:

Mike Tyson Sues Australian Streetwear Brand Culture Kings

Jul 23 2021

Mike Tyson, the famous former boxer, has sued Australian streetwear brand Culture Kings and its founders. Mr Tyson alleges the respondents have engaged in misleading and deceptive conduct under the Australian Consumer Law for using his name, nicknames and likeness to sell t-shirts, without his permission. Mr Tyson alleges that Culture Kings’ t-shirts bear images of him, his name as well as his monikers “Iron Mike”, and “Kid Dynamite”.

“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.

Category: IP: Trade Marks, Copyright & Designs