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Rebecca Field and Lee Curtis discuss the application of copyright to the world of fashion. Why is it harder to enforce copyright in fashion items in the US compared to the EU? How are fashion items protected by copyright in the UK?
2:16 - Copyright might naturally be thought to be a very apt IP right to apply to fashion, but why has it been generally difficult to apply such rights to the world of fashion at least in the United Kingdom and United States of America?6:15 - Other cases in the EU on the subject of copyright protection and fashion8:23 - Are there any lessons to be learned from these cases in the US, UK and EU?
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Rebecca Field and Lee Curtis provide a short history of fashion IP law. They discuss the differences between US, UK and EU fashion IP law and explain that many of the differences are down to history.
2:46 - Introduction to the development of IP law?5:42 - History of fashion IP law?10:57 - differing attitudes to the protection of fashion IP rights between Europe and the US12:42 - What has the discussion shown about the history of fashion IP law?
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Rebecca Field and Lee Curtis discuss the IP rights applying to women’s shoes. Rebecca and Lee concentrate on probably the most famous women’s shoes of all, notably the red sole of Christian Louboutin. They discuss how the red sole was registered and some of the IP disputes surrounding that shoe in the EU and US.
2:49 - How was Christian Louboutin's red sole shoe registered in the UK5.44 - IP disputes with the Christian Louboutin red sole8:49 - What other IP rights could apply to the design of a shoe?11:15 - HGF IP in Retail Conference
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Rebecca Field and Lee Curtis discuss position trademarks in fashion. What are position trade marks and how easy or hard are they to register in the world of fashion. What happens when fashion position trademarks come into conflict?
3:02 – can you define what is a position trade mark?6:35 - Recent cases which might suggest that the registration of position trade marks is getting harder or easier9:31 - Cases on when position trade mark registrations have come into conflict?10:50 - Have there been more successful challenges based on a position trade mark registration?12:17 - Key takeaways from discussion13:57- Retail Conference
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Rebecca Field and Lee Curtis discuss the intellectual property rights which apply to perfume, why they are integral to the success of a fashion house and how they can be protected under IP law.
2:35 – why a perfume has historically been important to fashion houses.5:05 – why is it not possible for the smell of perfumes, at present, to be protected under trademark law in the UK and EU?6:50 – what types of IP protection could apply to perfumes?8:31 – are there any other forms of protection that a fashion brand might seek in relation to a perfume.
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Rebecca Field and Lee Curtis discuss the intellectual property rights that apply to jewellery, some recent cases on the protection of jewellery under trademark law, and also why all things that glitter as jewellery may not always be protectable under intellectual property law.
2:44 – Why jewellery is not a form of fashion which is apt for trade mark protection7:49 – what types of IP protection are probably better suited to the protection in the UK and EU?11:32 – Seminar on Fashion IP Law
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Rebecca Field and Lee Curtis discuss the intellectual property rights which apply to dresses and how dress design has moulded some of the IP rights that apply to fashion items. Further, can the ‘overall look’ of a dress designer be protected via IP law, as opposed to individual dress designs?
3:30 - how dress fashion has influenced IP and the rights that designers seek in their protection.6:23 - Community unregistered design right9:15 - Copyright protection in relation to the dress design12:04 - Seminars on fashion IP law
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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.
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
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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?
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
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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?
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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 -
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?
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.
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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?
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?
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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?
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
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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.
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
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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.
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
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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?
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
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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.
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
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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.
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
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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!
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
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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.
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
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