European Fashion Law

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Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU

Mar 9
2 min

Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU

Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25? The EU General Court said "No". In doing so, they upheld a decision of the EUIPO Board of Appeal. The case is El Corte Inglés v EUIPO/MKR Design Srl (Case T-117/20). The judgment was published on 10 February 2021. So what happened? Spanish retailer El Corte Inglés opposed an EUTM application for the sign listed above (PANTHÉ) which was file

Goodbye Aunt Jemima, hello Pearl Milling Company

Mar 9
1 min

Goodbye Aunt Jemima, hello Pearl Milling Company

Trade marks may theoretically last forever but brands are subject to change. The Aunt Jemima brand of pancake mix and syrup will be renamed Pearl Milling Company, in response to concerns about racial stereotypes. The new brand harks back to the name of the originator of the self-rising pancake max and was announced by Quaker Oats (part of PepsiCo) on 10 February 2021. The Aunt Jemima brand, like the Washington Redskins, is being retired following the global attention that was

How do you win a fashion dispute? Find out why I love unregistered designs

Mar 7
5 min

How do you win a fashion dispute? Find out why I love unregistered designs

How can you stop someone from systematically copying your brand? What if it went further than just your designs and covered everything from your marketing strategy to your models? This major new UK fashion case shows the consequences which range from the predictable (copying valid designs has consequences) to the surprising (it isn't necessarily possible to stop all copycat behaviour). This case is a bit of a marathon read but it's a fantastic primer for anyone wanting to und

Image protection in the UK and beyond

Mar 7
1 min

Image protection in the UK and beyond

Image rights are both hugely important and a fallacy. The UK, has no specific law of "image rights" but it is possible to protect a person's image through a patchwork of laws including passing off, trade marks, data protection and privacy. Rosie has contributed a chapter on the UK approach to image rights for Imagen y Derecho de la Moda, a South American Year Book which is available for purchase here! Rosie's article (which is translated into Spanish) provides an overview of

Skykick - why does it matter & what could it mean for trade marks? Counsel's perspective

May 25, 2019
3 min

Skykick - why does it matter & what could it mean for trade marks? Counsel's perspective

IPSoc recently had the latest in its successful run of education events. The talk from Simon Malynicz QC, SkyKick's leading counsel, gave an insider's perspective in the trade mark dispute which could have an important impact on trade mark law for many years to come. For background on the Skykick dispute see here, the referred questions are here. A handy summary from Simon's slides is below. In Simon's view, the dispute goes to the heart of what the trade mark register is for

Brexit & IP - what you need to know

Mar 1, 2019
2 min

Brexit & IP - what you need to know

Brexit may be nearly upon us. If this happens after 29 March there are various short term consequences to registered rights in the UK and EU. You don't necessarily need to refile a UK mark but forewarned is forearmed. Registered EU trade marks All existing EU trade marks will still cover the UK post Brexit but they will change identity. From Brexit day, EU trade marks in the UK will automatically convert into “Comparable Trade Marks (EU)”. No fee is payable and the owners of

Introducing intellectual property

Aug 12, 2018
1 min

Introducing intellectual property

Without intellectual property rights it would be virtually impossible for the European fashion industry to continue. These rights enable a business to compete knowing that it has a legal monopoly which protects the time and money it has invested into the brand. Although the European fashion industry by no means avoids counterfeits and close copies of their products, intellectual property rights enable businesses to protect their products and enforce these rights in all releva