#ecommerce

Jul 3, 2021
2 min

A jewel by any other name... passing off in the jewellery world

Miss Recorder Amanda Michaels, sitting as a judge in the IPEC, has upheld a claim for passing off in a dispute between two jewellery designers. The claim was brought by Alyssa Smith Jewellery Limited, founded by Alyssa Smith, against Alisa Goodstone, who trades as Alyssa Jewellery Design. Ms Smith has operated a business since 2009, including via the websites www.alyssa-smith.com and (later) www.alyssasmith.co.uk as well as using the Twitter handle @AlyssaJewellery. She claim

May 8, 2021
4 min

Give this passing off case a butchers

Passing off is often added as an afterthought to a trade mark infringement action. In those circumstances, it is very often successful. The line between a deception (required for passing off) and likelihood of confusion (trade mark infringement) is subtle but there is a significant degree of overlap between the two. However, where there is no registered mark and it is first necessary to establish goodwill in a particular name, logo or get up, the relevant deception is much mo

Feb 2, 2021
3 min

Passing off vs US law contract - guess which eagle wins?

Mr Justice Miles’s judgment in Lyle & Scott Limited v American Eagle Outfitters, Inc is an important decision for international fashion brands. The two companies use very similar eagle logos (pictured) for clothing that is sold through similar marketplaces in the UK and internationally. Lyle & Scott (L&S) is a long-standing British high-end fashion brand. It historically made golf clothes but by 2019 around half of its sales were polo shirts and T-shirts which are sold throu

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 some have gone into administration. But one thing that’s been notable in many cases is that the brands have proved attractive to buyers, even when the rest of the business has not. For example, Marks & Spencer recently bought the Jaeger fashion brand for an undisclosed fee after the company went into administration. It did not acquire any of t

Jan 6, 2021
2 min

European Commission takes fight to online counterfeiters

Is help coming to tackle the scourge of counterfeits sold on online marketplaces? Counterfeit goods affect all businesses as they grow from fashion to merchandise and related goods. On 15 December 2020, the European Commission published its “Europe fit for the digital age” proposals: the Digital Services Act (the DSA) and Digital Markets Act (DMA) . If adopted, they will replace the eCommerce Directive, which was introduced 20 years ago. DSA obligations The DSA is particularl

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 outlined in that post are likely to apply from 1 January 2021 (i.e. the end of the Brexit transition period). It is no longer possible to file an EU mark and get it registered before the end of the transition period (31 December 2020). Therefore all new EU trade mark filings will need to be filed separately in the UK if trade mark rights in t

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 outlined in that post are likely to apply from 1 January 2020 (i.e. the end of the Brexit transition period). It is no longer possible to file an EU mark and get it registered before the end of the transition period (31 December 2020). Therefore all new EU trade mark filings will need to be filed separately in the UK if trade mark rights in t

Sep 20, 2020
5 min

Online counterfeits - the Alibaba, Police and Brand perspective

Some luxury brands still choose to not operate an online presence. Whether this is sustainable in the long term is unclear. Regardless of company strategy, you need to protect your brand online irrespective of whether you choose to operate online. The Luxury Law Summit included a fascinating panel discussion between Luna Bianchi (IP Counsel at Ermenegildo Zegna), Peter Ratcliffe (Manager of PIPCU, part of City of London police which investigates online crime in England and Wa

Sep 6, 2020
2 min

The human cost of exclusion

The Luxury Law Summit looked at many business and legal issues but one of the great themes across the day was collaboration. Many thousands of dollars are regularly awarded in cases based on profiling or exclusion. It's not just about doing the right, thing, there's a compelling business case for taking inclusion seriously explained Christopher Lacy (Parsons). Christopher explained that luxury often falls short of true inclusivity and neglects key demographics which are impor

Sep 6, 2020
2 min

What does the Platform to Business Regulation mean for fashion?

The new Platform to Business Regulation (P2B regulation) applies across the EU from 12 July 2020. This Regulation is part of the EU's Digital Single Market Strategy. As the EU press release explains, the P2B Regulation is the first-ever set of rules creating a fair, transparent and predictable business environment for smaller businesses and traders on online platforms. The Regulation is intended to create a fairer balance between online platforms and online search engines. It

Sep 5, 2020
3 min

Protecting your brand Apple style

Scott Gilen (Director of IP Enforcement Global at Apple) spoke at the Luxury Law Summit about how his team stops Apple fakes (both digital and physical) around the world. Understandably, their primary focus is on counterfeits that could be harmful to consumers such as fake iPhones, parts and accessories. Fake Apple stores remain a problem around the world (particularly in China). They have everything from the T-shirts to the tables! The issues that Scott has to deal with go b

Sep 5, 2020
4 min

Negotiating the new normal

Georgina McManus (Global GC at Manolo Blahnik) and Ashleigh Hegarty (GC and Privacy Officer at Charlotte Tilbury) spoke to Kate Wilkinson (Head of Group Legal at Mulberry) about the issues they have faced in negotiating the new normal. All three incredible women have clearly had a busy year. They demonstrated how they have successfully adapted and helped their respective businesses reshape and regroup so that they remain on the path toward success. How did they survive the pa

Sep 5, 2020
4 min

The future of luxury in a post pandemic world - the Harrods take

Inevitably the pandemic took centre stage at the Luxury Law Summit (3 September 2020) but thankfully it was not the only issue in the spotlight. Harrods' pandemic experience The keynote speaker was Michael Ward, the Managing Director of Harrods. He talked about the impact on the business and the difficult decisions that they have had to take in order to get the business ready for the changes over the next 1-2 years. One of the first issues was the impact of the redundancies.

Aug 22, 2020
2 min

Smart fabrics in wearables and their protection with Intellectual Property rights

Here is another guest post from Marta Carmona (Master of Advocacy at the University of Málaga) Smart fabrics are textiles which include technology embedded into their fibres thanks to the development of extremely thin smart materials. The inclusion of those materials gives wearables an increased functionality and therefore an incentive for buyers to pay more for the wearable and, in theory, wear it more and for a longer period, which ultimately would increase the sustainabili

Aug 22, 2020
2 min

How do you terminate a contract?

It is common for business priorities to change and relationships to improve or sour over time. At some point you will want to end a distribution agreement, franchise or agency agreement. Ending a contract is not always that straightforward... The first step is to look at what the contract itself says - this is not always as simple as it may appear and legal help may be required to identify the correct steps to follow. However, this is not the end of the process. There are man

Jun 12, 2020
4 min

Will wearable fashion revive retail?

Fashion and technology have long been on a collision course and, like so much, the pandemic has accelerated things in a dramatic and life altering way. It’s no secret that the fashion sector has been particularly badly hit by Covid. The saving grace for many brands has been the investment that it has made in the digital and technology business. It’s fair to say that businesses with a strong ecommerce offering have fared much better than the competition - particularly if they

Aug 13, 2018
2 min

Introducing e-commerce

Fashion and retail have faced major disruption from the Internet. Europe currently leads the way on e-commerce and is a major market for online sales. E-commerce is expected to represent over 16% of global retail sales by 2021. The business models range from (i) “try now, pay later” - curated products are sent to potential purchasers; (ii) to “click & collect” - goods can be collected and returned from convenient locations. Another approach is typified by Rent the Runway whic

European Fashion Law