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 podcast?
• 9:11 - Is there another issue which has sparked your interest Rebecca when recording our podcast?
• 11:25 - Are there any other issues and concepts which we have discussed on the podcast which are particular interest to you Rebecca?
• 12:27 - Are there any issues which have particularly sparked your interest which we have discussed in the podcasts?
• 13:55 - Are there anyone you wish to thank now for help with the podcast over the last four years, Lee?

Overview:

Rebecca Field and Lee Curtis of HGF discuss the Phase II changes of EU Registered Design Law coming into force on 1st July 2026 and their impact on the world of fashion. There is a recap on the Phase I changes which came into force in May 2025 and a brief recap on the consultation on changes to UK design and copyright law which ended on 27th November 2025.

Timestamps: 

• 4:59 - What is the key change being introduced by the Phase II changes to the world of EU registered design protection?
• 8:45 - Are there any other Phase II reform changes?
• 10:52 - So change is not only coming to the EU Registered Design Regime but changes are in the air with regards the UK design regime
• 13:30 - What do all these changes and proposed changes mean for the protection of fashion designs in the UK and EU?

Overview:

Rebecca Field and Lee Curtis of HGF discuss the recent decision of the Court of Justice of the European Union in the Faure Le Page case which concerned the use of a year in a trade mark, 1717, and whether that wrongly imparted heritage and prestige on the trade mark which could be viewed as deceptive and a basis for invalidity for a series of French trade mark registrations.

Timestamps:

• 2:28 – Overview of the factual background to the Faure Le Page case
• 6:31 – Considerations addressed by the CJEU in this case
• 9:39 – Reference to other notable CJEU decisions in this field
• 11:10 – Final ruling of the CJEU in this case

Rebecca Field and Lee Curtis of HGF interview Professor Alexandra Roberts of Northeastern University in Boston on US trade dress law. What is trade dress? How can it be infringed? How does trade dress apply to the world of fashion?

Timestamps:

• 4:28 - Can you explain what US trade dress is designed to protect? Do you have to register trade dress in the US to get protection?
• 10:18 - Could you explain how you infringe US trade dress?
• 12:14 - Where did trade dress come from and was it or is it particularly apt for any particular industry?
• 15:24 - Are there any particularly interesting cases on US trade dress on fashion items

Rebecca Field and Lee Curtis discuss the importance of personal names in the world of fashion and a recent decision of the CJEU concerning the registration of a trade mark relating to French fashion designer Jean-Charles de Castelbajac. Did the use of the name JC de CASTELBAJAC post-registration, after the sale of the underlying business, lead to a trademark registration for the name to be invalidated on the basis of deceptiveness?  Is this decision contrary to the well-known decision relating to the name ELIZABETH EMANUEL, or does it build on that earlier decision?

Timestamps:

• 2:38 - Why is the issue of designer names and trade marks an issue particularly pertinent to the world of fashion?
• 4:44 - What was the key case on the issue?
• 12:08 - Most recent case on this subject
• 16:21- Is the JC/DC case contrary to the decision in the ELIZABETH EMANUEL case?

Rebecca Field and Lee Curtis discuss the concept of ‘overall impression’ in registered design law in the United Kingdom and European Union. Rebecca and Lee also discuss where a claimant was successful in an action for registered design infringement in a fashion case and how overall impression came into play.

Timestamps:

• 1:34 – The concept of overall impression in UK and EU registered design law?
• 7:01 - Where does overall impression come into play with regards the validity of UK and EU registered designs
• 9:31 - Can you discuss a case where a registrant was successful in a registered design claim for an item of fashion in the UK

Rebecca Field and Lee Curtis interview Theo Barclay of 4 New Square, who was the successful lead counsel for Dryrobe Limited, in the recent decision of the Intellectual Property Enterprise Court (IPEC) concerning trade mark infringement and passing off claims by Dryrobe Limited against Caesr Group Limited (trading as D-Robe Outdoors) and counterclaims by Caeser Group based on descriptiveness, genericism and non-use. The case is particularly interesting as it is one of the few UK trade mark cases concerning genericism and it concerns an item of fashion.

Rebecca Field and Lee Curtis discuss the impact of Generative AI on online search and associated legal issues. The online search market has been stable for over twenty years. Will Generative AI change the way online search works and looks, and what are the implications for brand and trade mark owners?

Timestamps:

• 2:17 The impact of AI online search with a focus on fashion retailers
• 4:21 - The way search is and was conducted raised a number of legal issues and what were they?
• 5:56 - AI and change
• 6:55 - Why are these changes important?
• 8:19 - Where could the rise of GEO be particularly important in the word of fashion products?

Overview: 

Rebecca Field and Lee Curtis interview their HGF colleague Rachel Platts about the UKIPO’s consultation on proposed changes to UK design law and their impact on fashion design. We touch on possible changes to the UK design examination system, searches, the possible introduction of opposition procedures and dealing with bad faith filings. We also discuss important possible changes to disclosure rules and touch on copyright protection for fashion designs.

Timestamps:

• 2:29 introduction to Rachel
• 3:00 discussion of the design consultation
• 4:28 changes to the searching and examination system for registered designs.
• 8:52 Simplification of the present system relating to unregistered design rights

Rebecca Field and Lee Curtis discuss the recent Opinion from Advocate General Emiliou in the Deity Shoes S.L. case. The case concerns whether fashion designs need ‘intellectual effort’ to benefit from EU Registered and Unregistered design protection and whether fashion trends impact the designer's freedom when considering the validity of designs.

Timestamps:

• 2:13 can you provide some background on the Deity Shoes dispute?
• 4:25 The first core issue: How did the Advocate General answer this key point?
• 8:18 The second core issue: The designer’s freedom in developing the design