Can a trade mark registration for fashion designers name be deemed deceptive?

Rebecca Field and Lee Curtis discuss the importance of personal names in the world of fashion and a recent decision of the CJEU concerning the registration of a trade mark relating to French fashion designer Jean-Charles de Castelbajac. Did the use of the name JC de CASTELBAJAC post-registration, after the sale of the underlying business, lead to a trademark registration for the name to be invalidated on the basis of deceptiveness?  Is this decision contrary to the well-known decision relating to the name ELIZABETH EMANUEL, or does it build on that earlier decision?

Timestamps:

• 2:38 - Why is the issue of designer names and trade marks an issue particularly pertinent to the world of fashion?
• 4:44 - What was the key case on the issue?
• 12:08 - Most recent case on this subject
• 16:21- Is the JC/DC case contrary to the decision in the ELIZABETH EMANUEL case?