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Deal or No Deal? UK proposes new law to protect fashion designs post Brexit

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What does a no deal scenario mean for the protection of intellectual property in the fashion industry if the UK leaves the EU without agreement - something which is looking increasingly likely following Salzburg? The UK government released yesterday a...

EU Withdrawal Treaty - IP provisions

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Finally there is hope on the horizon: the European Commission has proposed that all registered EU trade marks and designs should automatically convert to UK national rights after Brexit. The proposal is contained in the...

What's in a red sole? Can the colour red be protected for a red soled shoe?

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The Advocate General recently ruled that a trade mark that combines the colour red (or more specifically Pantone 18 1663TP) and shape can be refused or declared invalid. ( Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV (Case -163/16))....

UK design rights are at risk

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Fashion Law Partner Simon Bennett quoted in Drapers’ ‘Brexit Agenda’ "At the moment, UK fashion businesses can register an EU trademark or design right and it protects them in all 28 union countries. Once we...

Diamonds can be forever, and so can domain names as De Beers defeats domain name piracy

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Trade mark piracy has existed for decades. With the development of the online channel, piracy has extended to the use of a brand owner’s domain names in bad faith. But very recently, in a ruling of the first of its kind, De Beers succeeded in...

UK approves blocking injunctions against ISPs to stop counterfeit TM goods

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The Court of Appeal confirmed on 6 July 2016 in Cartier v BSkyB that internet service providers or ISPs such as BT, Sky or Virgin Media can be ordered to block access to websites selling trade mark infringing goods. This is an important...

Stretchline denied H&M profits in UK High Court claim

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H&M has been in a long-running dispute with bra patent owner Stretchline over its patent for a particular type of underwire. Both sides signed an agreement that H&M would not sell the bras as a compromise and in full and final settlement of...

FW Partner Simon Bennett writes an article in Drapers - Talking Business: A new Dawn for Fashion Design

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Following on from several high profile cases in the media on design infringement, Fox Williams' Partner, Simon Bennett has written an article for Drapers examining the growing importance of design ownership and how this has become even easier as a result...

Handbags at dawn: YSL wins EU court battle

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H&M has been trying to invalidate two of YSL’s designs which protect its Tribute tote bag since 2009. It has been unsuccessful at every step of the way and this continued yesterday when the General Court of the EU upheld the decision of the EU...

Time to check out for Louis Vuitton?

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Two of Louis Vuitton’s most iconic Community Trade Marks (CTMs) for its chequerboard pattern have been invalidated by the EU General Court following a challenge by German retailer Nanu-Nana. Nanu-Nana had claimed that Louis ...

Raiders of the lost ARC

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The appeal of design rights: will G-Star’s resounding win against Rhodi in the High Court be overturned on appeal? ...

When is your name not your name?

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Asos’s 10% fall in profits yesterday was not all bad news for the online retailer as it succeeded in the Appeal Court against its decade long cycling foe, Assos ( Wheels come off for cycle wear brand after taking on Asos ). Yesterday by a 2:1...

A swift application could show you incredible things

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There is a growing tendency for artists to protect their brands. Rihanna recently won a court battle to remove her image from t-shirts. Now Taylor Swift is protecting her brand by establishing control over where and how her creative output is seen. Taylor...

Five things to be learnt from Superdry's design rights infringement win against Animal

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As first reported here just before the Christmas holidays, the High Court ruled that Animal infringed Superdry’s design rights in the Superdry gilet. Five things can be learnt from the decision: Changing a certain...

FW Partner Simon Bennett quoted in Drapers discussing Superdry winning a copyright case against Animal

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This article was first featured in Drapers 8 December, 2014 SuperGroup’s wholesale arm DKH Retail has won a design infringement case against Animal parent company H Young for copying the design of Superdry’s Academy gilet. ...

Vans, Inc. v. OHIM - waving goodbye to registration

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Action sports brand, Vans, has failed again in its attempt to register a logo as a trade mark. Vans first attempted to register its wavy line logo, which it regularly uses on clothing, footwear and accessories, in September 2011: Last month...

Superdry wins design rights infringement claim against Animal

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The High Court ruled in a judgment yesterday that Superdry's design rights in its Academy gilet (pictured below left) were infringed by Animal's Glaisdale gilet (pictured below right). The design rights which Superdry claimed were...

European Court victory for fashion designers in Karen Millen v Dunnes

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Fashion designers have reason to cheer today following a decision by the European Court, which makes it easier to rely on Community unregistered design rights. Karen Millen v Dunnes centred on a shirt and top designed by Karen Millen . The...