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Trademarks › Fashion Industry › European Union

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

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The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

ArentFox Schiff

EUIPO Rejects Thom Browne’s Four-Stripe Design Mark as Decorative, Not Distinctive

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The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the...

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New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more....more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

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Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

Katten Muchin Rosenman LLP

Flagrant Infringement of Unregistered Design Rights of Fashion Brand Penalized by UK High Court - Kattison Avenue/Katten Kattwalk...

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Both IP practitioners and fashion brands will be interested in the recent string of judgments in relation to the infringement of dresses designed and sold by House of CB and Mistress Rocks. Oh Polly brand was found to have...more

Fenwick & West LLP

When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win

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On September 17, 2020, legendary footballer Leo Messi achieved an elusive goal that he had been pursuing for years. No, he did not finally win a World Cup championship for the Albiceleste. Rather, after a nearly decade-long...more

K&L Gates LLP

Fashion Law Update - October 2020 Edition

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In this edition of Fashion Law, we have a huge selection of articles from around the world. Firstly, given the turmoil over the past year and how many brands have filed for insolvency or needed to restructure, we provide...more

Hogan Lovells

Has Messi opened up a Pandora’s box before the European Courts?

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Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Facebook revealed yesterday that “millions of user account passwords had been stored insecurely, potentially allowing employees to gain access to people’s accounts without their knowledge.” The company said it “had found no...more

Ladas & Parry LLP

The Court Of Justice Of The European Union (CJEU) Rules That A Trademark For A Decorative Fabric Is Registrable And Enforceable

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In Textilis v. Svenkst Tenn AB, the European Court of Justice (CJEU) held that the 2015 amendments to the trademark regulation (Article 7(1)(e)(iii) of Regulation No 207/2009), which limited the right for trademark protection...more

Hogan Lovells

Europe: Well-Known Brand Owners Learn From Puma – Evaluate Your Reputation Right!

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(Judgment of 26 September 2018 in Case T-62/16 – Puma SE v. EUIPO / Doosan Machine Tools Co. Ltd) - In a case concerning completely dissimilar goods and different public, the General Court (GC) once again confirmed that...more

Hogan Lovells

‘Polo’ wins enhanced distinctiveness”chukkers” to offset weak distinctive character

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In this EUTM case the General Court (GC) decided for The Polo/Lauren Company LP, concluding that alleged weak distinctive character of the earlier mark in regard to certain goods was amply compensated by the enhanced...more

Hogan Lovells

Covering up doesn’t get you off the hook – criminal liability for the import of counterfeit branded clothing

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German Federal Court of Justice, ref. no. 5 StR 554/17 - Counterfeiters typically make tremendous efforts to cover up their identity and the details of their actions. ...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 14

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Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

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