Show Notes
Rebecca Field and Lee Curtis discuss position trademarks in fashion. What are position trade marks and how easy or hard are they to register in the world of fashion. What happens when fashion position trademarks come into conflict? Timestamps: 3:02 – can you define what is a position trade mark?6:35 - Recent cases which might suggest that the registration of position trade marks is getting harder or easier9:31 - Cases on when position trade mark registrations have come into conflict?10:50 - ...
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Rebecca Field and Lee Curtis discuss the concept of the ‘average consumer’ in EU and UK trade mark law. Why is it important, and why is it different to the concept of ‘the informed user’ in EU and UK design law? Rebecca and Lee also apply the concept to a well-known fashion case. Timestamps: 2.29: what is or more accurately who is the average consumer for the purposes of trade mark law.6.12: what is the average consumer not a fashion case and describe how the concept of average consumer was a...
Overview: Rebecca Field and Lee Curtis discuss the famous Crocs clog, when it was launched, why it became so successful and some of the intellectual property issues and cases associated with the famous clog. Timestamps: 1:44 - History of the development and launch of the well Crocs sandal or clog3:18 - The first one concerns trade mark law and is a relatively recent case in the UK, is it not6:45 - What was the Hearing Officer’s reasoning of this point?10:20 - Has design protection...
Overview: Rebecca Field and Lee Curtis interview Theo Barclay of 4 New Square on the recent IPEC case of Fendi Italia SRL, Loewe S.A., Christian Dior Couture S.A, Celine S.A and LVMH Moet Hennessy Louis Vuitton SE against Rolo Fashion Limited and Georgia Aldridge regarding the sale of non-genuine branded fashion products by the social media influencer Georgia Aldridge. We delve into the facts of the case, how the enquiry as to damages was made, and some practical tips for brand owners a...
Overview: Rebecca Field and Lee Curtis discuss when EU Registered and Unregistered Designs and UK Supplemental Unregistered Design Rights are considered to be new and to have individual character. These are important concepts when considering the validity of such rights. Rebecca and Lee apply those concepts to two fashion IP cases. Timestamps: 2:21 - Can you explain what is meant by ‘new’ under UK and EU design law?3:58 - EU registered and unregistered design rights8:38 - Fashion cases11:28 -...
Overview: Rebecca Field and Lee Curtis began recording the Fashionably IP podcast back in May 2022 and have now produced and released fifty episodes. They have discussed and touched on multiple cases and issues relating to IP in the world of fashion. In this episode, they review the important concepts and cases, in their eyes, of the previous forty-nine episodes of the Fashionably IP podcast, adding some hindsight and new comments. Timestamps: 3: 25 - What subject has come up a lot on the pod...