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Fashionably IP

HGF

The FashionablyIP podcast is a look at important and hot topics in the world of fashion and intellectual property. In the podcast, we review the latest intellectual property issues in fashion or discuss matters of IP which have impacted the world of fashion for years and have come up again and again. The podcast will consist of interviews, opinion pieces and case law discussions.The information in this podcast is not legal advice. If you have any questions concerning the issues raised please contact Rebecca Field at rfield@hgf.com or Lee Curtis at lcurtis@hgf.com.

24 - The day that Rihanna’s footwear inadvertently destroyed the novelty of a Community Design

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24 - The day that Rihanna’s footwear inadvertently destroyed the novelty of a Community Design
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
Mon, 15 Apr 2024
23 - Explaining IP fashion law through the handbag
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 Right6:15 commercial importance of hand bags
Fri, 15 Mar 2024
22 - Explaining IP fashion law through the humble trainer or sneaker
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 issues4:50 - 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
Mon, 12 Feb 2024
21 - The impact of exhaustion of rights on IP in the world of fashion
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 rules5:52 – 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.
Mon, 15 Jan 2024
20 - The impact of artificial intelligence on IP in fashion?
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 countries7.38 Liability in AI applications9.30 Does IP law need to change to accommodate the rise of AI in fashion?

Thu, 14 Dec 2023
19 - The quiet luxury trend, what is it? And what is its impact of IP?
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 Pallister2:51 – Quiet luxury and buying habits.4:06 – How does quiet luxury impact IP right?7:18 - Maison Margiela trade mark9 :16 – Key takeaways when considering quiet luxury and its protection via IP right
Thu, 16 Nov 2023
18 - Eighteenth edition: How to conduct a search for a fashion design in the UK and EU?
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 products3:37 – Unregistered design right protection5:41 – Date of disclosure6:36 – Brexit and design rights8:02 – Good and bad practices in design registration9:09 – Difficulties of obtaining rights in the world of fashion10:18 – HGF IP in Retail Conference
Mon, 16 Oct 2023
17 - Impact of Brexit on design and trade mark rights in the world of fashion
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 rights03.09 – 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 BREXIT09.33 – The Exhaustion of Rights regime11.00 – HGF’s IP in Retail Conference
Thu, 14 Sep 2023
16 - Parody Fashion Brands: Trade Mark Law Perspective Across the US, UK, and EU
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 case04:04: Why are parody brands popular in the world of fashion?05:26: Reputable fashion brands07:04: 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
Mon, 14 Aug 2023
15 - Series 3, Episode 3: ‘Quirky’ aspects of UK and EU trade mark practice
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 marks08.58 – Litigation relating to position trademarks09.24 – The Christian Louboutin case10.11 – Key takeaways
Fri, 14 Jul 2023
14 - Series 3 Episode 2: Decorative use of trade marks in the world of fashion
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 case06:28 - 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 law08:58 - Key takeaways
Thu, 15 Jun 2023
13 - Series 3 Episode 1: Goodwill with a fashion spin featuring a special guest!
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 guest3:15 Goodwill in the UK4:26 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
Mon, 15 May 2023
12 - Series 2 Episode 3: The important points of registering designs in the UK and EU
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 case7:07 - Locarno classifications and descriptions8:57 - Marks and Spencer Plc vs Aldi Stores Limited case10:09 - Quirks of UK and EU registered design practice that you should be aware of

Wed, 12 Apr 2023
11 - Series 2 Episode 2: Novelty and infringement of UK and EU Unregistered and Registered Design Rights.
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.
Wed, 15 Mar 2023
10 - Series 2 episode 1 - Disclosure and its impact on unregistered and registered design protection
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 HGF2:40 - Disclosure and registered and unregistered design rights5:14 - The Crocs case6:17 - The importance of disclosure for Unregistered Design Rights7:30 - Beverly Hills Teddy Bear Company vs PMS International case9:20 - General rules to follow on disclosure
Tue, 14 Feb 2023
9 - New beginnings in the form of recycling, upcycling and resale in the world of fashion.
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 law3:57 - Christian Dior vs Copad case5:20- Hamilton International Limited vs Vortic LLC case5:52 - Rolex vs BeckerTime LLC case6:54 - Chanel vs Shiver + Duke case7:44 - Resale websites
Mon, 16 Jan 2023
8 - Christmas, Fashion & IP – is it all Jingle Bells?
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 Cola2:50: Could Father Christmas's outfit have achieved unregistered design rights in the UK and EU?4:09: EU Unregistered Design Rights5:29: UK Unregistered Design Rights8:09: Registered Design Protection10:54: Could Father Christmas benefit from any forms of IP protection?
Tue, 13 Dec 2022
7 - Protection of shape trade marks in fashion
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 marks5:06 Guerlain lipstick applicator case7: 10 Dior Saddle bag case10:41 Takeaways from the Guerlain and Dior cases
Thu, 10 Nov 2022
6 - Geographical terms and their protection in fashion
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 01:46The Windsurfing Chiemsee case 03:29Iceland (the country vs the food retailer) case 05:12Louis Vuitton's Vendôme trade mark registrations 08:20Takeaways from the discussion 09:55
Thu, 13 Oct 2022
5 - Trade mark rights protecting fashion designs
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 podcastTrade mark rights to protect fashion designs and why is that an important subject 02:07Freddy SpA vs Hugz Clothing 05:12Position trade marks 07:00Takeaways from the discussion 08:37
Wed, 14 Sep 2022
4 - Zombie Fashion Brands
In our fourth podcast we talk about heritage brands in fashion or brands which are sometimes unfairly called zombie brands. Can zombie fashion brands come back to life? How does trade mark deal with this particular issue of fashion IP law?

Timestamps:
An intro to HGF and the podcastIntro to heritage brands in fashion 1:50Why do such brands cause problems for a trade mark law? 3:32The NEHERA case 5:57Tips on what to do if you are a 'custodian' of a Zombie fashion brand 9:38Takeaways from the discussion 10:26
Tue, 16 Aug 2022
3 - Trade marks which are fashion products, and fashion products which are trade marks
In our third podcast, we talk about the issue of protecting trade marks when they are the fashion product itself.

An intro to HGF and the podcastThe issue of protecting trade marks when they are the fashion product itself (1:59)Louis Vuitton chequerboard design (4:48)Trade mark protection over design protection (08:01)Takeaways from the discussion (11:49)
Fri, 15 Jul 2022
2 - Colour in fashion and the difficulties of protecting it
In this second podcast, we are going to talk about the colour in fashion and the difficulties of protecting it.
Wed, 15 Jun 2022
1 - Personal names as ‘brands’ in the world of fashion
In this first podcast, we are going to talk about the use of personal names as ‘brands’ and why this is an important subject in the world of fashion.
An intro to HGF and the podcast Why is the use of personal names as brands important in the world of fashion (2:41)The Elizabeth Emanual case (4:35)The Karen Millen case (9:40)Learnings from the case examples (11:23)
Mon, 16 May 2022

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