European Fashion Law

Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on this question in AutoStore Technology AS v Ocado Group Plc & Ors [2021] EWCA Civ 1003, which arose as part of proceedings in which AutoStore is suing Ocado for patent infringement. Discussions between the parties had taken place in 2018, and Ocado became aware that AutoStore intended to deploy information about these discussions before the U

This was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of confidential information and breach of fiduciary duty. It was decided by His Honour Judge Cawson QC, sitting as a judge of the High Court in Manchester, on 19 March 2021. The claim was brought by claims management company DRSP against Thomas O’Connor and Octax Limited. Mr O’Connor worked for DRSP until February 2018, after which he became a consu

What does the fashion industry hang on? The Janger is designed for travel and holiday use (so probably isn't getting a lot of use at the moment!) Most fashion cases concern design right, copyright and trade marks. It is relatively unusual for patents and fashion to collide. The Janger Ltd v Tesco Plc [2020] EWHC 3450 (IPEC) (16 December 2020) was one of the last cases from 2020 and one of the few to look at patents and fashion. Janger had a patent for “A hangable garment hook

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 ability to enter a property and seize goods for use in court proceedings. As it is such an extreme remedy, the requirements in order to get a court order are very high and the level of supervision required by the court and a supervising solicitor is significant. As the Covid lockdown took effect in March and physical stores closed, two risks

Legal costs are not always seen as the sexiest topic for a blogpost (anyone with colleagues who cycle into the office may have similar views about Lycra). However, the approach that the courts take toward costs is of huge practical importance and sometimes there is a decision which is sufficiently "wait, what?" that it deserves to be shared with a wider audience. I am talking of course about the Invista v Botes saga and the treatment of a Part 36 offer. What happened? In Janu

Nobody wants their business secrets getting shared. This can happen broadly online or directly to a particular competitor. Both can be very damaging for the business. In fashion businesses, confidential information will often include strategy, factory connections, manufacturing processes or new designs (i.e. intellectual property rights). Remember that if a design has been shared online or registered with an intellectual property office, it is now public and consequently not