Fashionably IP

Series 3 Episode 2: Decorative use of trade marks in the world of fashion

June 15, 2023 HGF Season 3 Episode 2
Series 3 Episode 2: Decorative use of trade marks in the world of fashion
Fashionably IP
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Fashionably IP
Series 3 Episode 2: Decorative use of trade marks in the world of fashion
Jun 15, 2023 Season 3 Episode 2
HGF

This 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 case
  • 06:28 - 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 law
  • 08:58 - Key takeaways
Show Notes

This 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 case
  • 06:28 - 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 law
  • 08:58 - Key takeaways