European Fashion Law

Should each object (whether it is a book or a pair of jeans) be only protectable by a single intellectual property right or is cumulative protection legitimate? In this guest post, Alicia Ogborn examines this complicated question. Cumulative protection There has long been tension and debates surrounding the cumulative protection of designs with copyrights in terms of conditions which need to be met. Previous decisions by CJEU (e.g. Flos, Infopaq) ruled that Member States were

Star Athletica v Varsity Brands sent shockwaves through the fashion and copyright worlds but is it the game changing decision some have suggested? The Supreme Court decision is not about whether the cheerleader uniforms met the requisite level of creativity to qualify for protection as copyright works (although both majority opinions did note that the level of creativity required is "extremely low" following Feist). Instead, this case was concerned with art as it is applied t