Fashion Law Watch – Legal issues, laws and regulations concerning the world of fashion and luxury goods.

EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection

Jul 18 2025

Advocate General Nicholas Emiliou has delivered his opinion in the case Deity Shoes, S.L. v Mundorama Confort, S.L. and another (Case C 323/24). The case considers whether a footwear design made by Deity Shoes, S.L. (Deity Shoes) qualified for protection as a design in the European Union and raised important questions about the relevance of the status of the designer’s effort and skill and surrounding factors in the assessment of design.

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Jul 16 2025

Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having strong Intellectual Property (IP) protection, selling through social or e-commerce platforms that have rigorous seller verification processes and educating consumers, retail and social platforms about the difference between genuine and counterfeit products, are all fundamental strategies which can be effective in the fight against online counterfeiting. Supplementing these steps with strategic enforcement action and IP protection measures are equally important.

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

Jul 09 2025

In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and environmental crimes.

Perfume, Proof, and Parallel Imports: How Coty’s Traceability System Won a Trade Mark War

Jun 29 2025

Background

On 16 April 2025, the District Court of The Hague in the Netherlands handed down a decision relating to the complex issue of trade mark exhaustion in the context of parallel trade disputes.

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

Dec 16 2024

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylor’s trade mark be cancelled.

Anti-Money Laundering and Fashion

Oct 14 2024

Around the world, the fight against money laundering and terrorism financing is ramping up in response to the emergence of ever-more sophisticated criminal networks and infrastructure. The Financial Action Task Force, a global intergovernmental organisation, established a set of standards and provided recommendations to all governments to consider and implement for detecting and preventing money laundering. The Australian government has now introduced the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (Bill) to parliament which proposes to overhaul Australia’s existing anti-money laundering and counter terrorism financing (AML/CTF) regime.

US$18.3 Million Wearable Blanket Infringement Award Stands Despite Newly Announced Design Patent Standard

Aug 21 2024

An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.

Keeping Online Reviews Honest – The FTC Announces Final Rule to Combat Fake Reviews, Testimonials and Related Misrepresentations

Aug 20 2024

The United States Federal Trade Commission (FTC) announced a final rule this week aimed at combating the increasingly prevalent practice of selling or purchasing fake online reviews and testimonials for goods or services. While such unfair or deceptive acts are already unlawful, the final rule is aimed at increasing deterrence by allowing courts to impose civil penalties against violators and to seek orders requiring violators to compensate consumers for the harm caused by their conduct.

Running Marketing Campaigns in Australia Involving Prizes – What You Need to Know

Aug 05 2024

Marketing and social media campaigns designed to promote a brand, product, service or business where consumers enter a competition to win a prize are known as “trade promotions” and typically fall within two categories – “games of skill” and “games of chance”.

Principals and Agents: UK Consultation to Deregulate the Commercial Agents Regulations

Jul 26 2024

The Department for Business and Trade has extended the deadline for responses to be submitted to its consultation on the deregulation of the Commercial Agents (Council Directive) Regulations 1993 (the CARs), as part of a plan to review the needs of UK businesses following the UK’s exit from the European Union (EU).