Rebecca Field and Lee Curtis interview their HGF colleagues Susanne Bilderbeek and Olivia Petter on smell-a-like perfumes and compare and contrast UK, Benelux and German trade mark and copyright case law on perfume comparison lists and smell-a-like perfumes. Timestaps: 4:54 So-called smell-alike perfumes case law8:40 Smell-alike perfumes and German case law15:00 Is there any UK case law on this

Rebecca Field and Lee Curtis interview Professor Johanna Gibson of Queen Mary University of London. We touch on the new Fashion Law LLM, the first fashion law LLM in the United Kingdom and discuss fashion IP cases past, present and future. Timestamps: 6:49 - The new Fashion Law LLM at Queen Mary10:28 - Historical fashion IP law case21:09 – Supreme court

Rebecca Field and Lee Curtis interview barrister Victoria Jones from the chambers 3PB in this edition of the Fashionably IP podcast on good practice in contentious proceedings before the UKIPO. Victoria provides tips on good practice in evidence and oral arguments and the benefits of using a barrister in UKIPO proceedings. Of course, the podcast will also have a fashion spin as always. Timestamps: 3:39 - Could you give an explanation of how the UKIPO Tribunal system works and maybe some of t...

Rebecca Field and Lee Curtis interview barrister Daniel Selmi of Three New Square in this edition of the Fashionably IP podcast on the concept of the informed user in UK and EU registered design law. Who is the informed user? How does the informed user impact the assessment of design infringement, validity of registered designs and prior art? Has the concept of the informed user impacted any fashion cases? Timestamps: 3:23 - The concept of the informed user and how does this concept imp...

Rebecca Field and Lee Curtis discuss the often misunderstood concept of honest concurrent use and fashion brands in the United Kingdom. What is the history of this concept and how does it apply to the world of fashion brands? Timestamps: 2:44 - What is honest concurrent use under UK trade mark law?8:19 - Fashion cases where the concept has been applied9:57 – conclusions

Lee Curtis and Rebecca Field discuss the recent Thom Browne/Adidas decision of the English High Court concerning the battle of the three and four stripes. The decision was long and wide-ranging concerning invalidity, infringement, passing off, post-sale confusion and honest concurrent use in the world of fashion.Timestamps:4:16 - the trade mark invalidity proceedings first and what the High Court decided?9:19 - trade mark infringement and passing off proceedings13:54 - Summary of the conclusi...

Rebecca Field and Lee Curtis discuss non-use revocation actions and fashion brands in the United Kingdom and European Union. What constitutes use? Do you need to use a trade mark in the exact form of the registered trade mark? What are the valid reasons for non-use?Timestamps:2:49 - The basics of Law6:42 - Cases in the EU of non-use and trademarks in the UK and the EU11:01 - Can anything be learnt from these decisions?

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?Timestamps: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 ...

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.Timestamps: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?

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.Timestamps: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...

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?Timestamps: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 - Hav...

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.Timestamps: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 prote...

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.Timestamps: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 I...

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?Timestamps: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 ...

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&nb...

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 import...

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 ...

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? Do...

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 applicat...

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...