Fashionably IP

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 protection that a fashion brand might seek in relation to a perfume.

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 IP Law

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 design12:04 - Seminars on fashion IP law

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 6:40: Law of the case

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 importance of hand bags

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 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?Timestamps: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.

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 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?

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 via IP right

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.Timestamps: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