February 15th, 2016

When is a copycat a parody?

A recent case in New York has considered whether canvas tote bags that included copies of Louis Vuitton’s trade marks and designs infringed their IP rights, as reported by TechDirt. The defendant in the case, My Other Bag, Inc. (“MOB”) sells bags that have the text “My Other Bag …” on one side and drawings […]

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While there has been lots of talk about the opportunities afforded by wearable tech, the only commercial success to date has been Apple’s Watch. Perhaps this is because there are not many players who have the necessary expertise in both the creative and technical disciplines to produce a “smart” product that is also beautiful . […]

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June 26th, 2015

e, m, s …

It is not so long ago we graduated from traditional bricks and mortars shopping to the brave new world of e-commerce. Many, myself included, thought it would never catch on. Clearly, I am more than happy to admit, I was very wrong. Over the years, a growing majority of my shopping has been done online […]

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Fashionista has been reading a recent decision about a two stripe trade mark on sports shoes.  The case concerned an application for a Community trade mark, a position mark, consisting of “two parallel lines positioned on the outside surface of the upper part of a shoe…the parallel lines run from the sole edge of a […]

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On Tuesday Fashionista was fortunate to attend a workshop hosted by her friends at Olswang for businesses on the Centre for Fashion Enterprise’s Front Row FashTech incubation programme. Having led the fledgling entrepreneurs though some key issues around creation and protection of IP rights and hints when negotiating commercial agreements, the participating businesses were given […]

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Gucci America Inc v. Alibaba Group Holding Ltd, U.S. District Court, Southern District of New York, No. 15-03784 Kering SA, the owner of luxury brands such as Gucci and Yves Saint Laurent, has filed a lawsuit in New York against Chinese e-commerce giant Alibaba Group for conspiring to manufacture, offer for sale and traffic in […]

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Fashionista attended an excellent event this evening organised by the newly launched Fashion Business School debating the issues fashion enterpreneurs have to grapple with to succeed in business. Hosted by Bloomberg, a distinguished panel of guests provided their advice to the fashion labels of the future including: Frances Corner, Head of London College of Fashion and Pro-Vice […]

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The European General Court dealt a double blow to Louis Vuitton last week, ruling invalid two figurative Community trade marks protecting the luxury brand’s classic chequerboard patterns (T-359/12 and T-360/12). The court found a lack of distinctive character (contrary to Article 7(1)(b) of the CTM Regulation (207/2009/EC)) and failure to acquire distinctive character through use […]

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April 9th, 2015

Is Versace a Copycat?

Rumour has it that Versace is soon to be at the wrong end of a legal dispute following allegations that they have copied the t-shirt designs of British born, Los Angeles based, artist, Kesh. Kesh teamed up with American Apparel back in 2013 to design the ‘Face Le New’ t-shirt (as displayed on the left […]

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