Overview:

Rebecca Field and Lee Curtis interview Theo Barclay of 4 New Square on the recent IPEC case of Fendi Italia SRL, Loewe S.A., Christian Dior Couture S.A, Celine S.A and LVMH Moet Hennessy Louis Vuitton SE against Rolo Fashion Limited and Georgia Aldridge regarding the sale of non-genuine branded fashion products by the social media influencer Georgia Aldridge. We delve into the facts of the case, how the enquiry as to damages was made, and some practical tips for brand owners and, indeed, influencers in the world of fashion social media influencing.

Timestamps:

• 2:39 facts of that case and the issues it dealt with
• 7:18: how the court made that assessment in this case and some of the principles they applied?
• 15:01 Is that a fair assessment of the judge’s position or is it more subtle than that? Should brand owners be at all concerned by such a finding?
• 17:18 She seemed to be directly promoting products she had full knowledge were not genuine and in contrast many third-party social media influencers did not have a particularly arm’s length relationship with the promoted product. Is that a correct assessment?
• 18:22 Are there means by which an influencer can reduce their liability in such situations?

Overview:

Rebecca Field and Lee Curtis discuss when EU Registered and Unregistered Designs and UK Supplemental Unregistered Design Rights are considered to be new and to have individual character. These are important concepts when considering the validity of such rights. Rebecca and Lee apply those concepts to two fashion IP cases.

Timestamps:

• 2:21 - Can you explain what is meant by ‘new’ under UK and EU design law?
• 3:58 - EU registered and unregistered design rights
• 8:38 - Fashion cases
• 11:28 - Is there another fashion case of interest to you, Rebecca, which illustrates some of the points made in this podcast so far?

Overview:

Rebecca Field and Lee Curtis began recording the Fashionably IP podcast back in May 2022 and have now produced and released fifty episodes. They have discussed and touched on multiple cases and issues relating to IP in the world of fashion. In this episode, they review the important concepts and cases, in their eyes, of the previous forty-nine episodes of the Fashionably IP podcast, adding some hindsight and new comments.

Timestamps:

• 3: 25 - What subject has come up a lot on the podcast?
• 9:11 - Is there another issue which has sparked your interest Rebecca when recording our podcast?
• 11:25 - Are there any other issues and concepts which we have discussed on the podcast which are particular interest to you Rebecca?
• 12:27 - Are there any issues which have particularly sparked your interest which we have discussed in the podcasts?
• 13:55 - Are there anyone you wish to thank now for help with the podcast over the last four years, Lee?