Archive:November 2022

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Mind the Gap: Patagonia Sues Gap For Copying Fleece Design
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Dior Did Not SADDLE on Distinctive Character of Its Iconic Bag

Mind the Gap: Patagonia Sues Gap For Copying Fleece Design

Nov 28 2022
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Apparel, Consumer & Retail, IP: Trade Marks, Copyright & Designs

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High-end outdoor clothing brand Patagonia Inc is taking on fast fashion retailer Gap for copying its “iconic” fleece jacket design. Patagonia Inc has filed court proceedings in the Federal Court.

In a complaint filed on 22 November 2022, Patagonia alleges that Gap willfully and deliberately copied the fleece design through the creation and sale of its “Mockneck Pullover” jackets, mimicking the flap pocket and rectangular logo of Patagonia’s classic “Snap-T” fleece jackets (both shown below).

Patagonia “Snap-T” Pullover Fleece
Gap Product
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Dior Did Not SADDLE on Distinctive Character of Its Iconic Bag

Nov 17 2022
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Consumer & Retail, IP: Trade Marks, Copyright & Designs

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Another unfavourable decision on non-traditional trade marks has landed, now in relation to Dior’s iconic Saddle bag. The EUIPO’s Second Board of Appeal decided that Dior’s Saddle bag is not distinctive with respect to handbags. The decision is seen as surprising yet not unpredictable, given the recent history of unsuccessful trade mark applications for 3D signs (for example, see our previous article on the Moon Boot case here).

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