Luxury fashion brand Giorgio Armani has successfully prevented jewellery designer “Arman’s Fine Jewellery” from registering four trade marks containing “Arman” for jewellery goods and services.1Read More
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).Read More
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).Read More
“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.Read More
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.Read More
“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?
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”.Read More
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.Read More
Our Brussels and London lawyers have contributed a Survey Article entitled “Vertical agreements in the luxury sector” to the Journal of European Competition Law & Practice, Oxford Academic. This is the first ever JECLAP Survey Article on vertical agreements in the luxury and fashion sector.Read More
In the recent judgment State of Escape Accessories Pty Limited v Schwartz  FCA 1606, Justice Davies of the Federal Court of Australia found a fashionable neoprene tote bag was not a “work of artistic craftsmanship” and therefore not an “artistic work” for the purposes of the Copyright Act 1968 (Cth) (the Act). Since the Court found that copyright did not subsist in the State of Escape bag (the Escape Bag), there was no finding of copyright infringement.Read More