There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'...more
CJEU determines no likelihood of confusion between footballer’s “Messi” figurative mark and earlier MASSI mark. Whilst debate will continue to rage as to whether Messi or Ronaldo is the world’s best male football player, the...more
HRH Prince Charles’ former butler has had his application to register a “Royal Butler” logo as a UK trade mark denied by the UK Intellectual Property Office following a successful opposition by Lord Chamberlain, on behalf of...more
On 11 June 2020, the Court of Justice of the European Union (CJEU) handed down its decision in the referral from the Belgium Companies Court (Tribunal de l’entreprise de Liège) arising from copyright infringement proceedings...more
With the global impact of the COVID-19 pandemic being seen in all facets of our lives, European IP registries are also seeking to manage these exceptional circumstances....more
In Response Clothing Ltd v The Edinburgh Woollen Mill Ltd [2020] EWHC 148 (IPEC), the Intellectual Property Enterprise Court (“IPEC”) has issued the first UK decision made since the Court of Justice of the European Union’s...more
The long running and highly publicised Rubik’s cube case has taken another twist. On 24 October 2019, the EU General Court confirmed the cancellation of the EU trade mark for the 3D shape. ...more
On 16 October 2019, Advocate General Tanchev of the CJEU has issued his opinion in Sky v SkyKick one of the most intriguing trade mark cases at the moment which will likely have a significant impact on EU trade mark law....more
To the interest of many a scouser and football fan alike, Liverpool Football Club’s attempt to register as a UK trademark LIVERPOOL has been rejected by the UKIPO on the grounds that the word is of “geographical significance”...more
Hasbro Inc. (Hasbro), owner of the well-loved board game Monopoly, suffered a defeat on 22 July 2019, before the EUIPO Board of Appeal in relation to the MONOPOLY trade mark....more
IPEC has ruled over the recent dispute between Beauty Bay (claimant) and Benefit Cosmetics (defendant) which arose after Benefit sold a Christmas gift set contained in a globe shaped box displaying the words “Beauty and the...more
On 12 February 2019, car manufacturer (and globally recognised car brand) BMW was granted summary judgment in its claims for passing-off and trade mark infringement against BMW Telecommunications Ltd and Benjamin Michael...more
Although it may be one of the most famous burgers in the world, on 15 January 2019, Supermac’s (Holdings) Ltd was successful in seeking the cancellation of McDonald’s International Property Company Ltd (McDonald’s) EU trade...more
"People will stare. Make it worth their while." - Harry Winston
Welcome to our latest edition of Fashion Law.
In this edition we look at the steps the New South Wales and Australian Governments are taking to tackle...more
12/10/2018
/ Australia ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Human Trafficking ,
Likelihood of Confusion ,
Modern Slavery Act ,
Retail Market ,
Retailers ,
Slavery ,
Trademarks
Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg
Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the...more
For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the...more
The business of fashion is exciting, fast paced and driven by passionate and creative people. But it is important to remember that it is just that – a business. While creativity and passion are integral to success in the...more
Two recent decisions in Australia have made patent licensees and licensors take another look at their 'exclusive' licences for Australia to determine whether or not they are truly exclusive.
The impact of these...more
On 28 November 2014, the Federal Court of Australia (Court) dismissed claims of trade mark infringement, misleading or deceptive conduct and passing off made by The Coca-Cola Company (Coke) against PepsiCo Inc, PepsiCo...more
There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more