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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

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New CJEU reference: What is the relevant point in time for the assessment of design infringement?

The IPKat

But what is the right time for assessing a design infringement? Background Koninklijke Philips NV (Philips) marketed various air fryers under the brand Airfryer. Since 2010, it owns registered Community designs (RCD) for the Airfryer, including RCD no. The preliminary injunction was granted on the basis of design infringement.

Design 59
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Omi in a Hellcat Sued Again, This Time Over Pirate IPTV Brand ‘Reloaded’

TorrentFreak

Carrasquillo’s ‘Reloaded’ IPTV Branding. Carrasquillo operated several IPTV services, variously branded Reboot, Gears TV, Reloaded and Gears Reloaded but with those no longer in operation, he needed to make money in other ways. Company Claims Ownership of ‘Reloaded’ Trademark.

Branding 142
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It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131
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No retroactive protections for well-known trade marks against GIs for wines, says Advocate-General

The IPKat

The wine brand has been around since the nineteenth century and its trade marks are well-known. The dispute concerns the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009.

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The Market Value of Chinatown’s Culture

IPilogue

That which we call a rose by any other name would smell as sweet” … but would that which we call a brand by any other name be as hype? Founded in 2016, Los Angeles-based streetwear brand formerly known as Chinatown Market offers everything you’d need to fit in on Fairfax Avenue. Photo from Market.

Marketing 105
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Design Piracy Unveiled: Insights into Registered Design Theft

Intepat

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Design 52