Sector: Fashion & Luxury

01 July 2016

01 July 2016

A report released by the US Chamber of Commerce’s Global IP Centre (GIPC) this week indicates that as much as 86% of the world’s counterfeit goods originate from China. While there have been positive developments on the IP enforcement front in China over the past few years, the GIPC figures stand as a stark reminder that there is still a significant – and perhaps insurmountable – problem with counterfeiting in the country.

22 June 2016

The Supreme People’s Court’s selection of <i>Crocs v Jinjiang Jinsike Footwear</i> as one of the leading IP cases of 2015 has highlighted the resonance of the ruling. Despite Crocs' victory, the infringing goods at the centre of the dispute are still available to buy online – a reminder that court decisions are sometimes just another step in the enforcement process, rather than the end point.

20 June 2016

In <i>Coty Germany GmbH v Piskar Klavdija sp</i> the Ljubljana Higher Court has awarded the full amount of claimed damages to the plaintiff. The court held that in infringement damages cases the burden of proof for the scope of infringement must be shifted to the defendant, and that the defendant had failed to meet this burden.

20 June 2016

Chinese digital retail giant Alibaba has been met with a barrage of criticism following comments from its chairman that fake goods are often “better than branded products”. However, while not great PR for a company trying to legitimise its anti-fake credentials, Jack Ma’s comments – which have subsequently been clarified for <i>World Trademark Review</i> – highlight a reality for those on the anti-counterfeiting frontline: counterfeits are improving in quality.

15 June 2016

The Maritime and Commercial High Court has ruled in <i>JT Olesen ApS v Natex of Scandinavia A/S</i>. This case arose when JT Olesen filed a lawsuit and brought a claim for damages against Natex for violation of the Design Act and the Marketing Practices Act caused by its sale of the Stanfield Shirt, which it alleged was similar to its Oscar Shirt.

15 June 2016

In <i>Crocodile International Pte Ltd v Lacoste</i>, Lacoste faced an issue that many owners of registered logos may encounter – the stylisation of its logo had evolved from the one protected by its New Zealand Registration. The question to be decided was whether the marks used by Lacoste qualified as use of that registration.

15 June 2016

A feature in the current issue of <i>World Trademark Review</i> explores China’s trademark licensing landscape and charts its development over recent years. Traditionally, rights holders proved hesitant to exploit the potential of this huge market, which was long seen as fraught with risk and difficulty. But today, licensing into China is a lucrative industry – and Chinese licensees are far more sophisticated when it comes to doing deals.

10 June 2016

New research has found that 20% of Instagram posts about luxury fashion brands featured counterfeit or illicit products. The report calls for a comprehensive international strategy to fight the prevalence of fake goods online, but the usual roadblocks remain, meaning that the status quo will not change any time soon.

09 June 2016