Fashion Law Watch

Legal issues, laws and regulations concerning the world of fashion and luxury goods.

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Louis Vuitton playing chess or checkers? The CJEU annuls’ the invalidation of Louis Vuitton’s EU trade mark
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Fashion Law Update
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Photographer’s Claim of Copyright Infringement Over Use of Embedded Instagram Photo Still Alive
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Top Tips for Achieving a Successful Restructuring
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Don’t Bank-sy on Trade marks: Banksy loses EU trade mark due to “bad faith”
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As Supply Chains Reopen after COVID-19, What are the Risks?
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“I Wanna Really Really Really Wanna… Take You To Court.” VB Trademark Dispute Heads to the Federal Circuit Court In Australia
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Adapting to COVID-19 in a Timely Fashion – Essential Competition and Consumer Law Rules for Australia
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Trademark Infringement Case Update: Lucky Brands Dungarees v Marcel Fashion Group

Louis Vuitton playing chess or checkers? The CJEU annuls’ the invalidation of Louis Vuitton’s EU trade mark

Louis Vuitton received a favorable decision from the EU General Court (General Court) in June 2020 which may assist brand owners seeking IP protection of their decorative patterns. The decision confirms the distinctive character an EU trade mark must possess in order to benefit from protection throughout the EU as well as highlighting how patterns may be protected through registration as a trade mark rather than under other forms of IP protection such as copyright or design protection. However, the decision also reaffirmed the EU’s strict approach to assessing the unitary character of EU trade marks, which potentially sets a high bar for applicants to clear.

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Fashion Law Update

“What’s my style is not your style, and I don’t see how you can define it. It’s something that expresses who you are in your own way.”
Iris Apfel

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

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Photographer’s Claim of Copyright Infringement Over Use of Embedded Instagram Photo Still Alive

User beware – you may be held to a social media platform’s terms of use – or not. Most people are aware that by using a social media platform, they give up some rights to the content that they share. What rights and to what extent depends on the platform and the specific terms of use.

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Top Tips for Achieving a Successful Restructuring

The COVID-19 pandemic has driven a new reality for both fashion brands and the consumers they serve, with the changes being sharp and vast, and many of which will be permanent, such as the shift to online. Fashion brands have acutely felt the disruption to supply chains, retail stores, and delivery networks.

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Don’t Bank-sy on Trade marks: Banksy loses EU trade mark due to “bad faith”

Banksy’s trade mark for one of his most famous artistic designs has been declared invalid by the European Union Intellectual Property Office (the EUIPO) on the grounds that it was filed in bad faith. The EUIPO finding him having engaged in “inconsistent with honest practices” in his attempt to protect his trade mark. A full copy of the decision can be found here.

The EUIPO said Banksy was attempting to use trade mark law to protect his artwork from being used commercially by third-parties because he couldn’t copyright it and maintain his anonymity. This decision highlights that the court will take a dim view of anyone – even famous artists – attempting to find a loophole in the law.

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As Supply Chains Reopen after COVID-19, What are the Risks?

The Chinese government’s decision to close factories in January 2020 was completely unexpected and took most companies by surprise. China, after all, was considered “the factory of the world,” and the widespread business closures created a lot of confusion and anxiety for companies without alternative supply chains. With the rapid spread (and fear) of COVID-19 globally, business and public life have been totally disrupted.

The COVID-19 pandemic has changed the way that we live, work, communicate, and socialise. Borders have closed, along with factories and nonessential businesses; people are working from home while many others are on forced leave or have lost their jobs.

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“I Wanna Really Really Really Wanna… Take You To Court.” VB Trademark Dispute Heads to the Federal Circuit Court In Australia

Fashion mogul and former Spice Girl, Victoria Beckham lost the first round of a trademark battle with Australian skincare brand, VB Skinlab, in relation to two of VB Skinlab’s pending Australian trademark applications for the “VB” brand filed in March 2018. A full copy of the decision can be found here.

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Adapting to COVID-19 in a Timely Fashion – Essential Competition and Consumer Law Rules for Australia

The retail industry has undoubtedly been one of the hardest hit by the COVID-19 pandemic. The fashion industry has been particularly vulnerable to the pandemic due to a number of factors, including weakened consumer spending, forced store closures, and drying government stimuli. A number of companies have also threatened store closures with the potential to impact hundreds of stores, workers, and shopping centre landlords.

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Trademark Infringement Case Update: Lucky Brands Dungarees v Marcel Fashion Group

A nearly 20-year dispute between two competitors in the apparel industry will be heard by the Supreme Court Monday January 13, 2020, on the legal issue of claim preclusion – highlighting the practical pitfalls of releasing trademark infringement claims in settlement agreement between parties that continue to use the marks at issue. The case is Lucky Brands Dungarees, Inc. v. Marcel Fashion Group, Inc., Case No. 18-1086.

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