Fashionably IP

This podcast is the second in a series of three podcasts on key aspects of trade mark protection in the UK and EU. We talk about the decorative use of trademarks in the world of fashion and who exactly is the average consumer in a trade mark infringement action under UK practice.

Timestamps:

• 03:04 - why is decorative or ornamental use an issue in the world of fashion and trademarks?
• 05:41 - The Rihanna x Topshop case
• 06:28 - Can elements of fashion design act as Trade Marks or are they purely decorative?
• 07:24 - The average consumer under UK and EU Trade Mark law
• 08:58 - Key takeaways

Welcome to the first episode in series 3 of HGF’s Fashionably IP podcast. This podcast is the first in a series of three podcasts on key aspects of trade mark protection in the UK and EU. This episode will focus on the subject of goodwill with a fashion spin as ever. We will also have a special guest in this podcast but you will have to tune into the podcast to find out who it is!

Timestamps:

• 1:29 Our special guest
• 3:15 Goodwill in the UK
• 4:26 Can you assign goodwill?
• 6:10 Can you explain what residual goodwill is?
• 9:11 Can you explain the similarities and differences between US trade dress protection and the protection of goodwill under passing off in the UK?
• 11:28 Karen Millen case

Welcome to episode 3 of our second series of HGF’s Fashionably IP podcast. This podcast is the final podcast in a series of three podcasts on key aspects of design protection in the UK and EU. We are going to talk about all the small but potentially significant quirks and points of UK and EU Registered Design Practice, including disclaimers, drawings, descriptions and much more.

Timestamps:

• 3:05 - Drawings and disclaimers of registered designs 
• 4:13 - PMS International Plc vs. Magmatic Limited case
• 7:07 - Locarno classifications and descriptions
• 8:57 - Marks and Spencer Plc vs Aldi Stores Limited case
• 10:09 - Quirks of UK and EU registered design practice that you should be aware of

Timestamps:

• 2:39 - Novelty and the scope of infringement rights.
• 3:33- What is the test for novelty?
• 6:07 - What is the test for infringement for registered designs in the UK and EU?
• 7:38 - Procter & Gamble Co vs Reckitt Benckiser (UK) Ltd case.
• 8:20 - What is the novelty test for UK and EU Unregistered Design Rights?
• 8:57 - Karen Millen case.

Welcome to Series 2 Episode 1 of HGF's Fashionably IP Podcast. In this episode we will be talking about disclosure and its impact of unregistered and registered design protection and we are going to have a fashion spin as always.

Timestamps:

• 1:35 - About HGF
• 2:40 - Disclosure and registered and unregistered design rights
• 5:14 - The Crocs case
• 6:17 - The importance of disclosure for Unregistered Design Rights
• 7:30 - Beverly Hills Teddy Bear Company vs PMS International case
• 9:20 - General rules to follow on disclosure

In the ninth edition of HGF’s Fashionably IP podcast in the spirit of the new year and new beginnings or at least recycled beginnings, we are going to talk about recycling, upcycling and resale in fashion. How do IP rights impact recycling, upcycling and resale? Can a brand owner control the resale of its branded product and product which may have been upcycled or customised from the product it originally sold?


Timestamps:

• 1:51- recycling, upcycling and resale in fashion.
• 3:05- Consequences of recycling, upcycling and resale for intellectual property law
• 3:57 - Christian Dior vs Copad case
• 5:20- Hamilton International Limited vs Vortic LLC case
• 5:52 - Rolex vs BeckerTime LLC case
• 6:54 - Chanel vs Shiver + Duke case
• 7:44 - Resale websites

In the eighth edition of HGF's Fashionably IP Podcast, we are doing something different to what we have done with our previous podcasts and have a Christmas special. In this podcast we are talking about Father Christmas and how if he had been starting out in his toy and joy distribution business what trade mark and design rights he could have combined in his famous red and white outfit.  So we are going to combine Christmas, fashion and a bit of IP.  Merry Christmas from us and all at HGF.

Timestamps:

• 1:34: Santa's outfit and Coca Cola
• 2:50: Could Father Christmas's outfit have achieved unregistered design rights in the UK and EU?
• 4:09: EU Unregistered Design Rights
• 5:29: UK Unregistered Design Rights
• 8:09: Registered Design Protection
• 10:54: Could Father Christmas benefit from any forms of IP protection?

In the seventh edition of HGF's Fashionably IP Podcast, we discuss the protection of shape trade marks in the world of fashion. Our discussion centres on the recent refusal by the Board of Appeal of the European Union Intellectual Property Office to register the shape of the Christian Dior saddle bag hand bag. We also touch on the decision from the General Court of the EU from 2021 to allow the registration of a cosmetics applicator by Guerlain. Why did Guerlain and Christian Dior find themselves in different positions? Is there still hope for Christian Dior in registering its saddle bag hang bag as a trade mark?

• 2:27 The issue of shape trade marks
• 5:06 Guerlain lipstick applicator case
• 7: 10 Dior Saddle bag case
• 10:41 Takeaways from the Guerlain and Dior cases

In this sixth podcast, we discuss the protection of geographical terms in the world of fashion. An emotive subject for businesses and countries alike.

• Examples of geographical terms in fashion 01:46
• The Windsurfing Chiemsee case 03:29
• Iceland (the country vs the food retailer) case 05:12
• Louis Vuitton's Vendôme trade mark registrations 08:20
• Takeaways from the discussion 09:55

In our fifth podcast we talk about trade mark rights protecting fashion designs. Design and copyright may be of obvious use, but what about trade mark rights?

Timestamps:

• An intro to HGF and the podcast
• Trade mark rights to protect fashion designs and why is that an important subject 02:07
• Freddy SpA vs Hugz Clothing 05:12
• Position trade marks 07:00
• Takeaways from the discussion 08:37