Fashionably IP

Rebecca Field and Lee Curtis discuss the recent decision of the General Court of the European Union, which upheld previous decisions of the EUIPO to cancel a Community Design Registration for a pair of trainers in the name of Puma SE based on prior disclosures of the design by Rihanna on Instagram.

Timestamps:

• 3:39: How Rihanna inadvertently destroyed the novelty of the Community Registered Design of a trainer design by Puma.
• 3:53: Rihanna signs contract with Puma
•  4:46: Facts of the case
•  6:40: Law of the case

Rebecca Field and Lee Curtis discuss IP law in the fashion sector via a series of objects. The second object they will discuss is the handbag. What IP rights apply to this form of fashion item? Are there any particular IP rights most applicable to the handbag? Are there any significant recent IP cases impacting handbags?

Timestamps:

• 2:42: Why is the handbag important in the world of fashion?
• 4:04: How are they protected under IP law?
• 4:36: Community Unregistered Design Right
• 6:15 commercial importance of hand bags

Rebecca Field and Lee Curtis start to discuss IP law in the fashion sector via a series of objects. The first object they will discuss is the humble trainer or sneaker. What IP rights apply to this form of footwear? Are there any particular IP rights most applicable to the sneaker or trainer? What special consumer issues and traits impact the protection of IP in the sneaker or trainer market?

 Timestamps:

• 2:57 - Why is the sneaker market so important and why has it been the centre of some of the most interesting IP issues
• 4:50 - the possible core IP rights which apply to sneakers or trainers.
• 9:12 - are there any IP issues particular to the sneaker and trainer markets

Rebecca Field and Lee Curtis discuss the impact of exhaustion of rights on intellectual property law in the world of fashion.  The exhaustion of IP rights is particularly important in the world of fashion retail and impact of IP rights owners’ ability control their distribution channels. Under what conditions can brand owners object to the resale of genuine branded fashion products in the UK? What is the ‘aura of luxury’? What is the impact of Brexit on exhaustion of rights in the UK? Does the UK government have any plans to bring in international exhaustion into the UK?

Timestamps:

• 2:54 – Why are the exhaustion of rights so important in the world of fashion retail in particular?
• 4:20 - Exceptions of the exhaustion of rights rules
• 5:52 – How has Brexit impacted the issue of exhaustion of rights?
• 7:06 - Has the UK government discussed changing the exhaustion of rights regime?
• 8:48 - Could the U.K government change the exhaustion of rights rules.

The impact of artificial intelligence on IP in fashion? 

Rebecca Field and Lee Curtis discuss the impact of artificial intelligence on intellectual property law in the world of fashion. What is artificial intelligence? How does an AI application learn to become a fashion designer? Can AI applications own and create IP rights in fashion? How do you deal with the issue of liability and the infringement of IP rights?

Timestamps:

• 2:44 What is artificial intelligence?
• 4:09 How does an AI application learn its craft in fashion design?
• 6:08 Recent decisions on whether AI can create a new IP right and diversions on laws in various countries
• 7.38 Liability in AI applications
• 9.30 Does IP law need to change to accommodate the rise of AI in fashion?

Rebecca Field and Lee Curtis interview their HGF colleagues Lauren Somers and Emma Pallister on the quiet luxury trend in fashion and what impact does it have on IP rights. How do you protect and enforce aspects of quiet luxury?

Timestamps:

• 1:40 – Introduction to guest speakers, Lauren Somers, and Emma Pallister
• 2:51 – Quiet luxury and buying habits.
• 4:06 – How does quiet luxury impact IP right?
• 7:18 - Maison Margiela trade mark
• 9 :16 – Key takeaways when considering quiet luxury and its protection via IP right

Rebecca Field and Lee Curtis interview their HGF colleague Suzan Moss on searching for fashion designs in the UK and EU. What IP rights do you have to consider? What about disclosure dates, novelty, and individual character? What is good practice in registering designs for fashion items.

Timestamps:

• 1:25 – Introduction to guest speaker, Suzan Moss.
• 2:22 – Design clearance searches for fashion products
• 3:37 – Unregistered design right protection
• 5:41 – Date of disclosure
• 6:36 – Brexit and design rights
• 8:02 – Good and bad practices in design registration
• 9:09 – Difficulties of obtaining rights in the world of fashion
• 10:18 – HGF IP in Retail Conference

There is a lingering impact of Brexit on design and trade mark rights in the world of fashion. You might have thought that Brexit no longer has an impact of IP law in the fashion world, well it still does. The 31st December 2023 is approaching, and that date will be significant in a number of ways in IP rights in the world of fashion. We discuss the expiry of Continuing Unregistered Design Rights, Supplementary Unregistered Design Rights, the potential divergence of UK and EU laws, UK address for service for UK design and trademark registrations and the potential for international exhaustion of IP rights in the UK.

The key time stamps are:

• 02.43 – Unregistered design rights
• 03.09 – What are CDR design rights?
• 04.03 – What are SUR design rights?
• 05.46 – Can designers obtain UK and EU design rights at the same time?
• 06.30 – Will Case Law diverge between the UK and EU?
• 07.10 – What will be the impact of REULA?
• 08.39 – Impending changes due to BREXIT
• 09.33 – The Exhaustion of Rights regime
• 11.00 – HGF’s IP in Retail Conference

Welcome to Series 3, Episode 4 of HGF’s Fashionably IP podcast. In this podcast we talk about parody fashion brands and whether there are any differences in the approach to them in the US, UK, and EU from a trade mark law perspective. Has a recent decision in the US on parody brands brought the various approaches closer together?

Timestamps:

• 02.25: Bad spaniels branded dog chew - the Jack Daniels case
• 04:04: Why are parody brands popular in the world of fashion?
• 05:26: Reputable fashion brands
• 07:04: Do free use provisions come into consideration for parody fashion brands?
• 07:55: Can you have a parody defence under copy right law in the UK and the EU?
• 08:40: Key takeaways

This podcast is the final in a series of three podcasts on key aspects of trade mark protection in the UK and EU. We talk about two ‘quirky’ aspects of UK and EU trade mark practice, notably series and position trade mark applications, with a fashion spin.

Timestamps:

• 03.14 – What is a series Trade mark?
• 05.37 – What use are series Trade marks for fashion clients?
• 06.40 – Position Trade marks
• 08.58 – Litigation relating to position trademarks
• 09.24 – The Christian Louboutin case
• 10.11 – Key takeaways