Australia – Fashion Law Watch

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Jul 16 2025

Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having strong Intellectual Property (IP) protection, selling through social or e-commerce platforms that have rigorous seller verification processes and educating consumers, retail and social platforms about the difference between genuine and counterfeit products, are all fundamental strategies which can be effective in the fight against online counterfeiting. Supplementing these steps with strategic enforcement action and IP protection measures are equally important.

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

Jul 09 2025

In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and environmental crimes.

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

Dec 16 2024

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylor’s trade mark be cancelled.

Running Marketing Campaigns in Australia Involving Prizes – What You Need to Know

Aug 05 2024

Marketing and social media campaigns designed to promote a brand, product, service or business where consumers enter a competition to win a prize are known as “trade promotions” and typically fall within two categories – “games of skill” and “games of chance”.

Walking the Fine “Broken” Line in Designs

Dec 13 2023

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.

Fake Fashion – Sinister Online Shopping Scams on the Rise

Aug 09 2023

Thousands 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

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.

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.

Australian active wear business fined AU$5 million for making false and misleading COVID-19 apparel claims

Sep 23 2021

The Australian Federal Court has ordered women’s active wear manufacturer and retailer, Lorna Jane Pty Ltd (Lorna Jane), to pay AU$5 million in penalties for making false and misleading representations to consumers, and engaging in conduct liable to mislead the public, in connection with the promotion and supply of its “LJ Shield Activewear”.

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”.

Tag:Australia