Industry: Fashion & textiles

Pierre Balmain v EUIPO: the distinctiveness of a figurative mark consisting of a lion’s head

The decision highlights that the representation of a lion’s head is a banal and commonplace decorative motif in the fashion sector.

18 January 2024

Legal Updates you may have missed: fashion and luxury wins

We continue our series highlighting recent Legal Updates that you may have missed by looking at cases where trademark owners in the luxury and fashion sector have successfully protected their rights.

12 January 2024

Pierre Hermé unsuccessful in opposition against HOUSE OF HERME

Renowned French pastry chef Pierre Hermé failed in his attempt to prevent the registration of HOUSE OF HERME for services in Classes 35 and 43.

12 January 2024

JPO finds that ADEAM ICHI is not similar to ICHI

In a surprising decision, the JPO’s Appeal Board has reversed the refusal of the mark ADEAM ICHI, finding that it was dissimilar to earlier registrations for the mark ICHI.

08 January 2024

adidas suffers temporary injunction; Nigeria counterfeit success; brand-friendly metaverse to launch – news digest 

In our latest round-up, we look at concern over fraudulent ads on X, a Manchester restaurant rebranding for the second time following trademark spat, and much more.

05 January 2024

Commentary that is commercial risks loss of First Amendment protection

Even when use of another’s trademark is for an expressive purpose, the First Amendment does not cover situations where the mark is still used for source identification. 

04 January 2024

General Court confirms similarity of lightning bolt marks

The decision is noteworthy in that it effectively grants the opponent exclusive rights in the concept of a lightning bolt.

02 January 2024

Application for BENJAMIN BROWN: is Mr Benjamin Brown around?

The JPO Appeal Board has reversed the rejection of the mark BENJAMIN BROWN in Classes 25 and 28, finding that it was not identical to the full name of a living person named Benjamin Brown.

02 January 2024

Position marks: geometric sign located on side of shoe can be inherently distinctive

The Second Board of Appeal of the EUIPO annulled the examiner’s refusal to register a position mark consisting of a combination of geometric elements for footwear.

15 December 2023

“I think it will favour me” – Filipino business owner voices confidence in Louis Vuitton appeal

After emerging victorious in a trademark opposition against Louis Vuitton, a Filipino small business owner tells WTR that the fashion giant has “gone quiet” in its appeal. 

12 December 2023

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