Overview:

Rebecca Field and Lee Curtis discuss the famous Crocs clog, when it was launched, why it became so successful and some of the intellectual property issues and cases associated with the famous clog.

Timestamps:

• 1:44 - History of the development and launch of the well Crocs sandal or clog
• 3:18 - The first one concerns trade mark law and is a relatively recent case in the UK, is it not
• 6:45 - What was the Hearing Officer’s reasoning of this point?
• 10:20 - Has design protection impacts the world of the Crocs clog?

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?