Alexon - pre-pack administration
Last week Alexon became the latest big name casualty of the ongoing difficult trading conditions. Having determined that the womenswear brandowner could no longer continue as a going concern, it was bought in a pre-pack administration by private equity firm Sun European Partners. It remains to be seen if this will lead to a change on the face of the High Street as Alexon's brands were predominantly sold in department store concessions.
Nicki Minaj - hold up your pom poms
Rapper Nicki Minaj found herself in the spotlight for the wrong reasons at New York Fashion Week having been accused of wearing a top which was allegedly a copy of an up and coming designer's work. Jessica Rodgers said that she had first used the concept of multicoloured pom poms on her pieces and had been doing so for several years. Further allegations were that there had been discussions about a collaboration with the rapper which had not proceeded.
In the US there is very little informal intellectual property protection, with the preference being towards registration. However, the proposed Innovative Design Protection and Piracy Act has been reintroduced, which would create a new right giving three years of copyright protection to new and innovative fashion designs. Whether this will be passed in its current form or otherwise, is unknown. However, as with Community and UK Unregistered Design Rights this could assist designers in protecting their rights without the need for registration.
Reebok - reetone trainers
Reebok have been in more trouble over the claims made in relation to their Reetone trainers. Fashion Focus reported earlier this year about the Advertising Standards Authority [link]. However, now it has been slapped with a fine of US$ 25m by the Federal Trade Commission in America for misleading consumers with false claims.
Keep Calm and Don't Carry On?
Following a number of years of this slogan appearing on everything from mugs to cards to aprons, OHIM in March 2011 granted a Community Trade Mark for the word mark "Keep Calm and Carry On" for numerous classes of goods, including clothing, to Keep Calm and Carry On Limited. However, this has now been challenged at OHIM on the grounds that it is invalid as it is not distinctive of a particular trade origin.
On the one side are those who say that this is a registration of a well known slogan originally from WW2, which has been known to the public for a number of years and a monopoly should not be granted to one company. On the other hand, the registered proprietor has gone on record, drawing to people's attention the efforts and investment that it has made building up the market for its products, which it says is being undermined and destroyed by widespread use.
It remains to be seen whether OHIM is prepared to reconsider its decision on this matter but it is clear that the future exclusive use of this mark has substantial value, which usually results in individuals being prepared to follow through and fight.
This article was prepared by Rachel Cook, an associate in Commerce and Technology department at Fox Williams and a member of the Fashion Law Group. She can be contacted on rcook@foxwilliams.com.
