The FashionablyIP podcast is a look at important and hot topics in the world of fashion and intellectual property. In the podcast, we review the latest intellectual property issues in fashion or discuss matters of IP which have impacted the world of fashion for years and have come up again and again. The podcast will consist of interviews, opinion pieces and case law discussions.The information in this podcast is not legal advice. If you have any questions concerning the issues raised please contact Rebecca Field at [email protected] or Lee Curtis at [email protected].
Explaining IP fashion law through the humble trainer or sneaker
11:52Rebecca 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
The impact of exhaustion of rights on IP in the world of fashion
11:51Rebecca 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?
11:36The 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?
The quiet luxury trend, what is it? And what is its impact of IP?
12:12Rebecca 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
Eighteenth edition: How to conduct a search for a fashion design in the UK and EU?
11:19Rebecca 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
Impact of Brexit on design and trade mark rights in the world of fashion
11:50There is a lingering impact of Brexit on design and trade mark rights in the world of fashion. You might have thought that Brexit no longer has an impact of IP law in the fashion world, well it still does. The 31st December 2023 is approaching, and that date will be significant in a number of ways in IP rights in the world of fashion. We discuss the expiry of Continuing Unregistered Design Rights, Supplementary Unregistered Design Rights, the potential divergence of UK and EU laws, UK address for service for UK design and trademark registrations and the potential for international exhaustion of IP rights in the UK.The key time stamps are:02.43 – Unregistered design rights03.09 – What are CDR design rights?04.03 – What are SUR design rights?05.46 – Can designers obtain UK and EU design rights at the same time?06.30 – Will Case Law diverge between the UK and EU?07.10 – What will be the impact of REULA?08.39 – Impending changes due to BREXIT09.33 – The Exhaustion of Rights regime11.00 – HGF’s IP in Retail Conference
Parody Fashion Brands: Trade Mark Law Perspective Across the US, UK, and EU
10:16Welcome to Series 3, Episode 4 of HGF’s Fashionably IP podcast. In this podcast we talk about parody fashion brands and whether there are any differences in the approach to them in the US, UK, and EU from a trade mark law perspective. Has a recent decision in the US on parody brands brought the various approaches closer together?Timestamps:02.25: Bad spaniels branded dog chew - the Jack Daniels case04:04: Why are parody brands popular in the world of fashion?05:26: Reputable fashion brands07:04: Do free use provisions come into consideration for parody fashion brands?07:55: Can you have a parody defence under copy right law in the UK and the EU?08:40: Key takeaways
Series 3, Episode 3: ‘Quirky’ aspects of UK and EU trade mark practice
11:23This podcast is the final in a series of three podcasts on key aspects of trade mark protection in the UK and EU. We talk about two ‘quirky’ aspects of UK and EU trade mark practice, notably series and position trade mark applications, with a fashion spin.Timestamps:03.14 – What is a series Trade mark?05.37 – What use are series Trade marks for fashion clients?06.40 – Position Trade marks08.58 – Litigation relating to position trademarks09.24 – The Christian Louboutin case10.11 – Key takeaways
Series 3 Episode 2: Decorative use of trade marks in the world of fashion
10:42This podcast is the second in a series of three podcasts on key aspects of trade mark protection in the UK and EU. We talk about the decorative use of trademarks in the world of fashion and who exactly is the average consumer in a trade mark infringement action under UK practice.Timestamps:03:04 - why is decorative or ornamental use an issue in the world of fashion and trademarks?05:41 - The Rihanna x Topshop case06:28 - Can elements of fashion design act as Trade Marks or are they purely decorative?07:24 - The average consumer under UK and EU Trade Mark law08:58 - Key takeaways
Series 3 Episode 1: Goodwill with a fashion spin featuring a special guest!
13:56Welcome to the first episode in series 3 of HGF’s Fashionably IP podcast. This podcast is the first in a series of three podcasts on key aspects of trade mark protection in the UK and EU. This episode will focus on the subject of goodwill with a fashion spin as ever. We will also have a special guest in this podcast but you will have to tune into the podcast to find out who it is!Timestamps:1:29 Our special guest3:15 Goodwill in the UK4:26 Can you assign goodwill?6:10 Can you explain what residual goodwill is?9:11 Can you explain the similarities and differences between US trade dress protection and the protection of goodwill under passing off in the UK?11:28 Karen Millen case