Fashion Law Watch – Page 5 – Legal issues, laws and regulations concerning the world of fashion and luxury goods.

“Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms

Jan 22 2021

The owner of the trademark “LETTUCE TURNIP THE BEET” cannot prevent third parties from printing the mere phrase on t-shirts, tote bags, or other products. The U.S. Court of Appeals for the Ninth Circuit affirmed on January 20, 2021 that consumers are likely to purchase such products because they find the phrase aesthetically pleasing and not because they associate the phrase with any particular source. LTTB LLC v. Redbubble, Inc., 19-16464 (9th Cir. 2021).

Vertical Agreements in the Luxury Sector

Jan 07 2021

Our Brussels and London lawyers have contributed a Survey Article entitled “Vertical agreements in the luxury sector” to the Journal of European Competition Law & Practice, Oxford Academic. This is the first ever JECLAP Survey Article on vertical agreements in the luxury and fashion sector.

Neoprene Tote Bags: Watertight Not Copyright

Dec 23 2020

In the recent judgment State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606, Justice Davies of the Federal Court of Australia found a fashionable neoprene tote bag was not a “work of artistic craftsmanship” and therefore not an “artistic work” for the purposes of the Copyright Act 1968 (Cth) (the Act). Since the Court found that copyright did not subsist in the State of Escape bag (the Escape Bag), there was no finding of copyright infringement.

Not such a friendly decision for Hugz: A new development in passing off that could help combat fashion copy-cats

Nov 24 2020

On 19 November 2020, the Intellectual Property Enterprise Court (IPEC) in the UK handed down its judgment in the case of Freddy SPA v Hugz Clothing Ltd & Ors [2020] EWHC 3032, which ran for an unusually long time for the IPEC (three days).

The decision was a rare occurrence of a passing off claim, together with other IP causes of action, succeeding in the get-up of a functional item, being “bum enhancing jeans”. Ordinarily, such cases, particularly with respect to fashion items, fail as the get-up is seen as merely design elements or ornamental, or the circumstances of the use lead to a conclusion that other trade marks (e.g. brand names and logos) dominate consumer perception.

This case could embolden brand owners in relation to enforcement of the look and feel of their clothing as it creates the possibility of confusion ‘post-sale’ in addition to the point of sale.

UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video

Nov 06 2020

A TikTok post on an Emily Canham’s account, a beauty blogger and YouTube star, is the first TikTok video found to be in breach of the Advertising Standards Authority’s (ASA) requirement for disclosure in the UK (see here).

Louis Vuitton playing chess or checkers? The CJEU annuls’ the invalidation of Louis Vuitton’s EU trade mark

Oct 22 2020

Louis Vuitton received a favorable decision from the EU General Court (General Court) in June 2020 which may assist brand owners seeking IP protection of their decorative patterns. The decision confirms the distinctive character an EU trade mark must possess in order to benefit from protection throughout the EU as well as highlighting how patterns may be protected through registration as a trade mark rather than under other forms of IP protection such as copyright or design protection. However, the decision also reaffirmed the EU’s strict approach to assessing the unitary character of EU trade marks, which potentially sets a high bar for applicants to clear.

Fashion Law Update

Oct 13 2020

“What’s my style is not your style, and I don’t see how you can define it. It’s something that expresses who you are in your own way.”
Iris Apfel

In this edition of Fashion Law, we have a huge selection of articles from around the world.

Sep 30 2020

User beware – you may be held to a social media platform’s terms of use – or not. Most people are aware that by using a social media platform, they give up some rights to the content that they share. What rights and to what extent depends on the platform and the specific terms of use.

Top Tips for Achieving a Successful Restructuring

Sep 24 2020

The COVID-19 pandemic has driven a new reality for both fashion brands and the consumers they serve, with the changes being sharp and vast, and many of which will be permanent, such as the shift to online. Fashion brands have acutely felt the disruption to supply chains, retail stores, and delivery networks.

Sep 23 2020

Banksy’s trade mark for one of his most famous artistic designs has been declared invalid by the European Union Intellectual Property Office (the EUIPO) on the grounds that it was filed in bad faith. The EUIPO finding him having engaged in “inconsistent with honest practices” in his attempt to protect his trade mark. A full copy of the decision can be found here.

The EUIPO said Banksy was attempting to use trade mark law to protect his artwork from being used commercially by third-parties because he couldn’t copyright it and maintain his anonymity. This decision highlights that the court will take a dim view of anyone – even famous artists – attempting to find a loophole in the law.