Home
Fashion & Luxury

Sector: Fashion & Luxury

Refusal to register perfume bottle shape overturned on appeal

A 3D perfume bottle in the shape of a female torso was found to be capable of fulfilling the essential functions of a trademark.

Lacoste wins long-standing trademark infringement battle at the Delhi High Court

After a dispute spanning 23 years, the Delhi High Court has ruled in favour of Lacoste and permanently restrained sports fashion brand Crocodile International from using its standalone crocodile logo in India. The decision sheds light on territoriality of trademark rights when it comes to international coexistence agreements.

Fanatics’ year of expansion makes for an award-winning brand protection team

WTR’s Fashion and Apparel Team of the Year is in a strong position to contribute towards continued brand growth at Fanatics.

Latest content

Delhi High Court grants partial costs to Puma but no damages, as defendant is first-time knowing infringer

Although damages were not granted in this case, the grant of partial costs to the plaintiff should encourage similar actions.

21 May 2024

DUTCH GENQUILA for wine held to evoke PGI ‘Tequila’

The relevant EU consumer is likely to establish a sufficiently clear and direct link between DUTCH GENQUILA, used for wine, and the spirit drink protected by the PGI ‘Tequila’.

20 May 2024

IP High Court rejects registration of Audemars Piguet’s ‘Royal Oak’ watch design

The court confirmed that a device mark representing the Swiss luxury watchmaker’s iconic ‘Royal Oak’ watch lacked both inherent and acquired distinctiveness.

20 May 2024

Lacoste v Cartelo: a landmark case clarifying the rules on confusion and co-existence

A change in marketing strategy may destroy the distinct market perceptions that previously enabled the marks’ co-existence, thus leading to a likelihood of confusion and association.

17 May 2024

Counterfeit trade to soar to £1.4 trillion by 2030; Mercedes NFT collection; Corsearch launches AI tool – news digest

In our latest round-up, we look at Marvel and DC’s trademark strategy being described as from “their own supervillains’ playbook”, and much more.

17 May 2024

Timberland gets the boot: trade dress and its “formidable” burden of proof

The decision highlights that an applicant seeking federal registration for trade dress bears a “formidable” burden of proof to show secondary meaning and distinctiveness.

16 May 2024

The notional acceptance of position marks in China: insights from the Dr Martens yellow stitching case

Brand owners must evidence how their position marks have acquired distinctiveness for the parts of the goods on which they are affixed.

10 May 2024

COMPTON… straight outta where? Fashion styles and the importance of gangsta rap for hip hop culture

The decision gives guidance on how to form sub-categories that can invalidate the broader category of goods/services.

10 May 2024

General Court: JOYFUL BY NATURE would take unfair advantage of JOY's reputation

The fact that an opponent did not establish the market share held by the earlier mark does not necessarily mean that the reputation of that mark has not been demonstrated.

09 May 2024

Timberland denied trade dress registration over lack of distinctiveness

The Fourth Circuit has upheld a district court decision to deny footwear manufacturer Timberland trade dress protection for its boot design. The decision highlights the need for direct evidence of a unique, nonfunctional design when applying for protection of this kind.

09 May 2024

Unlock unlimited access to all WTR content