Fashionably IP
Episodes
49 episodes
What are the practical implications of the reform of EU Design Law coming into force on 1st July 2026?
Overview:Rebecca Field and Lee Curtis of HGF discuss the Phase II changes of EU Registered Design Law coming into force on 1st July 2026 and their impact on the world of fashion. There is a recap on the Phase I changes which came ...
Can a fashion trade mark be deemed inherently deceptive by use of a year within it?
Overview:Rebecca Field and Lee Curtis of HGF discuss the recent decision of the Court of Justice of the European Union in the Faure Le Page case which concerned the use of a year in a trade mark, 1717, and whether that wrongly imp...
What is US trade dress law and how does it apply to the world of fashion?
Rebecca Field and Lee Curtis of HGF interview Professor Alexandra Roberts of Northeastern University in Boston on US trade dress law. What is trade dress? How can it be infringed? How does trade dress apply to the world of fashion?Tim...
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...
The concept of ‘overall impression’ in UK and EU Registered Design Law
Rebecca Field and Lee Curtis discuss the concept of ‘overall impression’ in registered design law in the United Kingdom and European Union. Rebecca and Lee also discuss where a claimant was successful in an action for registered design infr...
The Dryrobe case: When is a trade mark generic? An interview with Theo Barclay
Rebecca Field and Lee Curtis interview Theo Barclay of 4 New Square, who was the successful lead counsel for Dryrobe Limited, in the recent decision of the Intellectual Property Enterprise Court (IPEC) concerning trade mark infringement and pas...
The impact of Generative Artificial Intelligence on online search in the fashion and beauty sectors
Rebecca Field and Lee Curtis discuss the impact of Generative AI on online search and associated legal issues. The online search market has been stable for over twenty years. Will Generative AI change the way online search works and looks, and ...
The UKIPO’s consultation on changes to UK design law and its possible impact on fashion designs
Overview: Rebecca Field and Lee Curtis interview their HGF colleague Rachel Platts about the UKIPO’s consultation on proposed changes to UK design law and their impact on fashion design. We touch on possible changes to the UK...
Creativity and a designers freedom in EU Registered and Unregistered Designs: The Deity Shoes Advocate General Opinion
Rebecca Field and Lee Curtis discuss the recent Opinion from Advocate General Emiliou in the Deity Shoes S.L. case. The case concerns whether fashion designs need ‘intellectual effort’ to benefit from EU Registered and Unregistered design prote...
Post-sale confusion following the Iconix/Dream Pairs decision: An interview with Simon Malynicz KC
Rebecca Field and Lee Curtis interview barrister Simon Malynicz KC of Hogarth Chambers on the recent decision of the UK Supreme Court in the Iconix vs Dream Pairs case. We discuss the concept of post-sale confusion in the world of trade m...
The Edwards vs Boohoo case and other notable fashion IP cases : an interview with Andrew Norris KC and Becky Knott
Rebecca Field and Lee Curtis interview barristers Andrew Norris KC and Becky Knott of Hogarth Chambers on the recent Sonia Edwards vs Boohoo design case. We also touch on the well-known Rihanna case and other notable fashion IP cases....
Smell-a-like and dupe perfumes: an interview with Susanne Bilderbeek and Olivia Petter
Rebecca Field and Lee Curtis interview their HGF colleagues Susanne Bilderbeek and Olivia Petter on smell-a-like perfumes and compare and contrast UK, Benelux and German trade mark and copyright case law on perfume comparison lists and smell-a-...
The Fashion Law LLM and fashion IP cases past, present and future: an interview with Professor Johanna Gibson
Rebecca Field and Lee Curtis interview Professor Johanna Gibson of Queen Mary University of London. We touch on the new Fashion Law LLM, the first fashion law LLM in the United Kingdom and discuss fashion IP cases past, present and future.<...
Good practice in contentious proceedings before the UKIPO: an interview with barrister Victoria Jones
Rebecca Field and Lee Curtis interview barrister Victoria Jones from the chambers 3PB in this edition of the Fashionably IP podcast on good practice in contentious proceedings before the UKIPO. Victoria provides tips on good practice in evidenc...
Who is the informed user in the world of UK and EU design law?
Rebecca Field and Lee Curtis interview barrister Daniel Selmi of Three New Square in this edition of the Fashionably IP podcast on the concept of the informed user in UK and EU registered design law. Who is the informed user? How does the infor...
Honest concurrent use: what is all the fuss about in the world of fashion?
Rebecca Field and Lee Curtis discuss the often misunderstood concept of honest concurrent use and fashion brands in the United Kingdom. What is the history of this concept and how does it apply to the world of fashion brands?Timestamp...
The Thom Browne/Adidas Decision: another battle of the stripes
Lee Curtis and Rebecca Field discuss the recent Thom Browne/Adidas decision of the English High Court concerning the battle of the three and four stripes. The decision was long and wide-ranging concerning invalidity, infringement, passing off, ...
Fashion brands and non-use
Rebecca Field and Lee Curtis discuss non-use revocation actions and fashion brands in the United Kingdom and European Union. What constitutes use? Do you need to use a trade mark in the exact form of the registered trade mark? What are the vali...
Copyright law and fashion
Rebecca Field and Lee Curtis discuss the application of copyright to the world of fashion. Why is it harder to enforce copyright in fashion items in the US compared to the EU? How are fashion items protected by copyright in the UK?Ti...
The history of fashion intellectual property law in around fifteen minutes
Rebecca Field and Lee Curtis provide a short history of fashion IP law. They discuss the differences between US, UK and EU fashion IP law and explain that many of the differences are down to history.Timestamps:2:46 - ...
Explaining fashion IP law via women’s shoes
Rebecca Field and Lee Curtis discuss the IP rights applying to women’s shoes. Rebecca and Lee concentrate on probably the most famous women’s shoes of all, notably the red sole of Christian Louboutin. They discuss how the red sole was registere...
Position trade marks in fashion
Rebecca Field and Lee Curtis discuss position trademarks in fashion. What are position trade marks and how easy or hard are they to register in the world of fashion. What happens when fashion position trademarks come into conflict?Ti...
Explaining Fashion IP law via perfume
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 ...
Explaining Fashion IP law via a piece of jewellery
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...
Explaining Fashion IP law via a dress
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 vi...