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In this Fashion eBulletin we examine a range of intellectual property disputes both within the UK and abroad:
- London-based Vivienne Westwood succeeding in various claims against a Manchester-based fashion designer using similar or identical words and logos;
- Louboutin filing a claim against Yves Saint Laurent in New York regarding use of its red-soled shoes; and
- Louis Vuitton and Chanel settling trade mark related claims against a chewing gum manufacturer in Italy.
In addition, we look at how Ann Summers abandoned their 'S&M Squeal Deal' campaign following the threat of legal action by Marks & Spencer on the basis of the striking resemblance to their own 'M&S Meal Deal' campaign.
We review two Advertising Standards Agency decisions:
- The ASA finding in favour of Prada following public complaints as to the underweight appearance of their model, Kasia Struss; and
- The ASA's decision to ban certain Jack Wills adverts from re-appearing in their 2011 Spring Term Handbook due to their overtly sexual nature.
We also review a recent Employment Tribunal decision concerning the entitlement of interns to receive the National Minimum Wage.
To read any of the articles, please click on the blue headings below. |
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Patents County Court Upholds Vivienne Westwood Claims
Vivienne Westwood has brought a series of successful claims for trade mark infringement, passing off and copyright infringement against the Manchester-based fashion designer Mr Knight. This case is also the first case to be subject to the new Patents County Court procedure, which was introduced in 2010 to streamline disputes and reduce associated costs of disputes. |
The Red Achilles Heel – Louboutin’s Trade Mark Dispute with YSL
In New York, Christian Louboutin has filed a claim against Yves Saint Laurent for infringing a registered US trade mark over his signature red-soled shoes, alleging that the use of the red sole is likely to cause confusion among the public. |
Something for Chanel and Louis Vuitton to Chew On
In Italy, the two famous French fashion houses, Chanel and Louis Vuitton, have succeeded in preventing the sale of chewing gum by Paul Stiven which bore their famous trade marks on the packaging. Here we look at details of the dispute, the rationale behind it, and how it was eventually settled out of court. |
Ann Summers Told It’s Not Your M&S
Ann Summers decided to call a halt to its "S&M Squeal Deal" promotional campaign, which referenced the M&S bank holiday 'Meal Deal' bundling campaign, following the threat of legal action by Marks & Spencer. Here we discuss more about the pulled campaign. |
Healthy Models Make For Happy Brands
The Advertising Standards Agency has found in favour of Prada following complaints over an advertisement published in the Times newspaper. The complaints challenged the advert on the grounds of irresponsibility because the complainants believed that the model looked significantly underweight. In this article we hear more about Prada's responses to these complaints. |
ASA Disapproves of Hedonistic Youth
The Advertising Standards Agency has banned certain Jack Wills adverts from re-appearing in their 2011 Spring Term Handbook on grounds that they were too overtly sexual and presented a risk to younger teenagers. Here we discuss more about the ASA's decision. |
Points for the Fashion Industry to Consider When Hiring an Intern
The Employment Practice takes a look at how taking on an intern is not to be taken lightly in the Fashion industry. |
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