By Valentina Mazza and Alessandra Tozzi Is it lawful to commercialize clothing items that represent a parody of well-known fashion trademarks or does it amount to a trademark infringement? Parody has always been a controversial topic in fashion but the question has become even more relevant in the last few years in consideration of the great number of new brands that have built their success on the parody of well-known fashion trademarks. While some brands …
By Elena Varese e Lara Mastrangelo The Milan Fashion Week has just started and from today we are glad to host for the second time some highlights on the major fashion law trends of this season. “A rose by any other name would smell as sweet” used to claim Juliet in the famous Shakespeare’s play, but would a Louis Vuitton bag without its legendary monogram – or with a slightly different one – be as …
In recent months many fashion companies have been restyling their brands by simplifying and minimizing their visual impact: big fashion industries are dropping unique fonts, words and design features − which until now have significantly contributed to differentiate their brands from their competitors’ − in favor of most popular and common fonts, such as sans-serif.
“Less is more”, we may say.
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The Milan Fashion Week has just started and from today we are glad to host some highlights on the major fashion law trends of this season.
Heritage is one of the major assets a fashion company holds and the ultimate tendency of this Fashion Week is to revamp old creations from the maison’s archives.
Firstly, it should be assessed whether the fashion company can use its own archives. This seems to be a plain question, however, in practice, it could happen that, despite being the owner of the physical copies of sketches and preparatory works of certain garments or motifs, the company does not hold the IP rights over such creations of the past.
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After the public consultation launched last January, on 7 December 2018, the European Commission (EC) published the first Counterfeit and Piracy Watch List, which provides examples of reported marketplaces or service providers located outside the EU and engaged in counterfeiting and piracy.
Such Watch List was highly expected by right holders and represents the last measure adopted by the EC against infringers, after the Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet (MoU) in 2016 and the Guidelines for online platforms to tackle illegal content in 2017.
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Big news in the fashion system! On 12 June 2018, the Court of Justice of the European Union (CJEU) finally decided on the long debated case over Christian Louboutin’s red sole trademark.