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European Fashion Law

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    What's a website blocking order and why is it useful?
    • Jan 12
    • 2 min

    What's a website blocking order and why is it useful?

    Nintendo was granted an early Christmas present by the Honourable Mrs Justice Joanna Smith DBE - a website blocking order (Nintendo Co...
    Court of Appeal divided over disclosure
    • Sep 27, 2021
    • 2 min

    Court of Appeal divided over disclosure

    Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
    Descriptive marks beware: Judge rejects Oatly trade mark case
    • Sep 2, 2021
    • 3 min

    Descriptive marks beware: Judge rejects Oatly trade mark case

    Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...
    Cheers to a rare EAGLE trade mark decision
    • Sep 2, 2021
    • 3 min

    Cheers to a rare EAGLE trade mark decision

    This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...
    Mwah! Lipstick shape registered as EU trade mark
    • Jul 29, 2021
    • 2 min

    Mwah! Lipstick shape registered as EU trade mark

    In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...
    Wonder Woman comes down to earth
    • Jul 22, 2021
    • 3 min

    Wonder Woman comes down to earth

    The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...
    CJEU takes pressure off Pirelli in shape TM case
    • Jun 24, 2021
    • 3 min

    CJEU takes pressure off Pirelli in shape TM case

    Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...
    Is Cybersquatting a big problem?
    • Jun 23, 2021
    • 2 min

    Is Cybersquatting a big problem?

    In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...
    FOOTWARE trade mark not descriptive
    • Jun 14, 2021
    • 2 min

    FOOTWARE trade mark not descriptive

    As brands expand into new areas, particularly those driven by emerging technologies, they are often looking for innovative and memorable...
    Have your say about the exhaustion of IP rights in the UK
    • Jun 14, 2021
    • 1 min

    Have your say about the exhaustion of IP rights in the UK

    An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...
    What will Department Stores Look Like Post Pandemic?
    • Jun 14, 2021
    • 2 min

    What will Department Stores Look Like Post Pandemic?

    The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...
    Court of Appeal rules on liability and account of profits in trade mark case
    • May 28, 2021
    • 3 min

    Court of Appeal rules on liability and account of profits in trade mark case

    The Court of Appeal has reviewed the law on liability and account of profits in a judgment concerning the BEVERLY HILLS POLO CLUB trade...
    Chanel and Huawei logos are dissimilar
    • May 1, 2021
    • 2 min

    Chanel and Huawei logos are dissimilar

    The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...
    EUIPO sees rise in trade mark filings in 2020 despite pandemic
    • Mar 9, 2021
    • 1 min

    EUIPO sees rise in trade mark filings in 2020 despite pandemic

    We are all aware that the pandemic hasn't necessarily led to a decrease of work across the board. One group of people who have been...
    Are you Notorious? The USTR updates its list of Notorious Markets
    • Feb 22, 2021
    • 1 min

    Are you Notorious? The USTR updates its list of Notorious Markets

    In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
    Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon
    • Feb 22, 2021
    • 3 min

    Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon

    When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...
    Brands prosper despite business difficulties
    • Jan 29, 2021
    • 2 min

    Brands prosper despite business difficulties

    It’s a sad consequence of the COVID-19 pandemic and the lockdowns in many countries that retailers have lost business, and regrettably...
    A recent development for Position marks
    • Jan 27, 2021
    • 2 min

    A recent development for Position marks

    The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...
    Search Orders - an important tool to stop counterfeits & more
    • Oct 13, 2020
    • 2 min

    Search Orders - an important tool to stop counterfeits & more

    There are many reasons why someone might want to get a search order. It is a very draconian remedy that gives a successful applicant the...
    Don't lose your rights after Brexit
    • Oct 4, 2020
    • 3 min

    Don't lose your rights after Brexit

    We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...
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    © 2021 by Rosie Burbidge​

    © 2018 in the cover image by Bernhard Deckert, photographer at bernieshoots.com of an ÏTTAG cosmos collection scarf ittag.uk

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    All content on this website is provided to help you learn more about the mystery and complexities of intellectual property law but it does not constitute legal advice. If you would like legal advice regarding any of the issues raised on this site, please contact Rosie: rosie.burbidge@gunnercooke.com 

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