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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More