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The FashionablyIP podcast is a look at important and hot topics in the world of fashion and intellectual property. In the podcast, we review the latest intellectual property issues in fashion or discuss matters of IP which have impacted the world of fashion for years and have come up again and again. The podcast will consist of interviews, opinion pieces and case law discussions.The information in this podcast is not legal advice. If you have any questions concerning the issues raised please contact Rebecca Field at rfield@hgf.com or Lee Curtis at lcurtis@hgf.com.
43 Episodes
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Rebecca Field and Lee Curtis discuss the impact of Generative AI on online search and associated legal issues. The online search market has been stable for over twenty years. Will Generative AI change the way online search works and looks, and what are the implications for brand and trade mark owners? Timestamps: 2:17 The impact of AI online search with a focus on fashion retailers4:21 - The way search is and was conducted raised a number of legal issues and what were they?5:56 - AI and chang...
Overview: Rebecca Field and Lee Curtis interview their HGF colleague Rachel Platts about the UKIPO’s consultation on proposed changes to UK design law and their impact on fashion design. We touch on possible changes to the UK design examination system, searches, the possible introduction of opposition procedures and dealing with bad faith filings. We also discuss important possible changes to disclosure rules and touch on copyright protection for fashion designs. Timestamps: 2:29 introd...
Rebecca Field and Lee Curtis discuss the recent Opinion from Advocate General Emiliou in the Deity Shoes S.L. case. The case concerns whether fashion designs need ‘intellectual effort’ to benefit from EU Registered and Unregistered design protection and whether fashion trends impact the designer's freedom when considering the validity of designs. Timestamps: 2:13 can you provide some background on the Deity Shoes dispute?4:25 The first core issue: How did the Advocate General answer this key ...
Rebecca Field and Lee Curtis interview barrister Simon Malynicz KC of Hogarth Chambers on the recent decision of the UK Supreme Court in the Iconix vs Dream Pairs case. We discuss the concept of post-sale confusion in the world of trade marks and as ever have a fashion spin. Timestamps: 3:14 - Summary of the Iconix case10:45 - Has the Supreme Court helped define the limits of post-sale confusion?12:30 - Do you think post-sale confusion is a particular issue in the world of fashion?14:30...
Rebecca Field and Lee Curtis interview barristers Andrew Norris KC and Becky Knott of Hogarth Chambers on the recent Sonia Edwards vs Boohoo design case. We also touch on the well-known Rihanna case and other notable fashion IP cases. Timestamps: 3.34 - Introduction to Andrew and Becky4:22 - You acted for Boohoo in that case. Could you, Becky provide a brief summary of the case and the issues involved?6:28 – issue of copying. Andrew explains this and how it came up in the Edwards case.9:40 - ...
Rebecca Field and Lee Curtis interview their HGF colleagues Susanne Bilderbeek and Olivia Petter on smell-a-like perfumes and compare and contrast UK, Benelux and German trade mark and copyright case law on perfume comparison lists and smell-a-like perfumes. Timestaps: 4:54 So-called smell-alike perfumes case law8:40 Smell-alike perfumes and German case law15:00 Is there any UK case law on this
Rebecca Field and Lee Curtis interview Professor Johanna Gibson of Queen Mary University of London. We touch on the new Fashion Law LLM, the first fashion law LLM in the United Kingdom and discuss fashion IP cases past, present and future. Timestamps: 6:49 - The new Fashion Law LLM at Queen Mary10:28 - Historical fashion IP law case21:09 – Supreme court
Rebecca Field and Lee Curtis interview barrister Victoria Jones from the chambers 3PB in this edition of the Fashionably IP podcast on good practice in contentious proceedings before the UKIPO. Victoria provides tips on good practice in evidence and oral arguments and the benefits of using a barrister in UKIPO proceedings. Of course, the podcast will also have a fashion spin as always. Timestamps: 3:39 - Could you give an explanation of how the UKIPO Tribunal system works and maybe some of t...
Rebecca Field and Lee Curtis interview barrister Daniel Selmi of Three New Square in this edition of the Fashionably IP podcast on the concept of the informed user in UK and EU registered design law. Who is the informed user? How does the informed user impact the assessment of design infringement, validity of registered designs and prior art? Has the concept of the informed user impacted any fashion cases? Timestamps: 3:23 - The concept of the informed user and how does this concept imp...
Rebecca Field and Lee Curtis discuss the often misunderstood concept of honest concurrent use and fashion brands in the United Kingdom. What is the history of this concept and how does it apply to the world of fashion brands? Timestamps: 2:44 - What is honest concurrent use under UK trade mark law?8:19 - Fashion cases where the concept has been applied9:57 – conclusions
Lee Curtis and Rebecca Field discuss the recent Thom Browne/Adidas decision of the English High Court concerning the battle of the three and four stripes. The decision was long and wide-ranging concerning invalidity, infringement, passing off, post-sale confusion and honest concurrent use in the world of fashion. Timestamps: 4:16 - the trade mark invalidity proceedings first and what the High Court decided?9:19 - trade mark infringement and passing off proceedings13:54 - Summary of the concl...
Rebecca Field and Lee Curtis discuss non-use revocation actions and fashion brands in the United Kingdom and European Union. What constitutes use? Do you need to use a trade mark in the exact form of the registered trade mark? What are the valid reasons for non-use? Timestamps: 2:49 - The basics of Law6:42 - Cases in the EU of non-use and trademarks in the UK and the EU11:01 - Can anything be learnt from these decisions?
Rebecca Field and Lee Curtis discuss the application of copyright to the world of fashion. Why is it harder to enforce copyright in fashion items in the US compared to the EU? How are fashion items protected by copyright in the UK? Timestamps: 2:16 - Copyright might naturally be thought to be a very apt IP right to apply to fashion, but why has it been generally difficult to apply such rights to the world of fashion at least in the United Kingdom and United States of America?6:15 - Other cas...
Rebecca Field and Lee Curtis provide a short history of fashion IP law. They discuss the differences between US, UK and EU fashion IP law and explain that many of the differences are down to history. Timestamps: 2:46 - Introduction to the development of IP law?5:42 - History of fashion IP law?10:57 - differing attitudes to the protection of fashion IP rights between Europe and the US12:42 - What has the discussion shown about the history of fashion IP law?
Rebecca Field and Lee Curtis discuss the IP rights applying to women’s shoes. Rebecca and Lee concentrate on probably the most famous women’s shoes of all, notably the red sole of Christian Louboutin. They discuss how the red sole was registered and some of the IP disputes surrounding that shoe in the EU and US. Timestamps: 2:49 - How was Christian Louboutin's red sole shoe registered in the UK5.44 - IP disputes with the Christian Louboutin red sole8:49 - What other IP rights could apply to ...
Rebecca Field and Lee Curtis discuss position trademarks in fashion. What are position trade marks and how easy or hard are they to register in the world of fashion. What happens when fashion position trademarks come into conflict? Timestamps: 3:02 – can you define what is a position trade mark?6:35 - Recent cases which might suggest that the registration of position trade marks is getting harder or easier9:31 - Cases on when position trade mark registrations have come into conflict?10:50 - ...
Rebecca Field and Lee Curtis discuss the intellectual property rights which apply to perfume, why they are integral to the success of a fashion house and how they can be protected under IP law. Timestamps: 2:35 – why a perfume has historically been important to fashion houses.5:05 – why is it not possible for the smell of perfumes, at present, to be protected under trademark law in the UK and EU?6:50 – what types of IP protection could apply to perfumes?8:31 – are there any other forms of pr...
Rebecca Field and Lee Curtis discuss the intellectual property rights that apply to jewellery, some recent cases on the protection of jewellery under trademark law, and also why all things that glitter as jewellery may not always be protectable under intellectual property law. Timestamps: 2:44 – Why jewellery is not a form of fashion which is apt for trade mark protection7:49 – what types of IP protection are probably better suited to the protection in the UK and EU?11:32 – Seminar on Fashio...
Rebecca Field and Lee Curtis discuss the intellectual property rights which apply to dresses and how dress design has moulded some of the IP rights that apply to fashion items. Further, can the ‘overall look’ of a dress designer be protected via IP law, as opposed to individual dress designs? Timestamps: 3:30 - how dress fashion has influenced IP and the rights that designers seek in their protection.6:23 - Community unregistered design right9:15 - Copyright protection in relation to the dre...
Rebecca Field and Lee Curtis discuss the recent decision of the General Court of the European Union, which upheld previous decisions of the EUIPO to cancel a Community Design Registration for a pair of trainers in the name of Puma SE based on prior disclosures of the design by Rihanna on Instagram. Timestamps: 3:39: How Rihanna inadvertently destroyed the novelty of the Community Registered Design of a trainer design by Puma.3:53: Rihanna signs contract with Puma 4:46: Facts of the case...
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