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Rebecca Field and Lee Curtis discuss the concept of the ‘average consumer’ in EU and UK trade mark law. Why is it important, and why is it different to the concept of ‘the informed user’ in EU and UK design law? Rebecca and Lee also apply the concept to a well-known fashion case. Timestamps: 2.29: what is or more accurately who is the average consumer for the purposes of trade mark law.6.12: what is the average consumer not a fashion case and describe how the concept of average consumer was applied practically to it

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 clog3:18 - The first one concerns trade mark law and is a relatively recent case in the UK, is it not6:45 - 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 with7:18: 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 rights8:38 - Fashion cases11:28 - 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?

Overview: Rebecca Field and Lee Curtis of HGF discuss the Phase II changes of EU Registered Design Law coming into force on 1st July 2026 and their impact on the world of fashion. There is a recap on the Phase I changes which came into force in May 2025 and a brief recap on the consultation on changes to UK design and copyright law which ended on 27th November 2025. Timestamps:  4:59 - What is the key change being introduced by the Phase II changes to the world of EU registered design protection?8:45 - Are there any other Phase II reform changes?10:52 - So change is not only coming to the EU Registered Design Regime but changes are in the air with regards the UK design regime13:30 - What do all these changes and proposed changes mean for the protection of fashion designs in the UK and EU?

Overview: Rebecca Field and Lee Curtis of HGF discuss the recent decision of the Court of Justice of the European Union in the Faure Le Page case which concerned the use of a year in a trade mark, 1717, and whether that wrongly imparted heritage and prestige on the trade mark which could be viewed as deceptive and a basis for invalidity for a series of French trade mark registrations. Timestamps: 2:28 – Overview of the factual background to the Faure Le Page case6:31 – Considerations addressed by the CJEU in this case9:39 – Reference to other notable CJEU decisions in this field11:10 – Final ruling of the CJEU in this case

Rebecca Field and Lee Curtis of HGF interview Professor Alexandra Roberts of Northeastern University in Boston on US trade dress law. What is trade dress? How can it be infringed? How does trade dress apply to the world of fashion? Timestamps: 4:28 - Can you explain what US trade dress is designed to protect? Do you have to register trade dress in the US to get protection?10:18 - Could you explain how you infringe US trade dress?12:14 - Where did trade dress come from and was it or is it particularly apt for any particular industry?15:24 - Are there any particularly interesting cases on US trade dress on fashion items

Rebecca Field and Lee Curtis discuss the importance of personal names in the world of fashion and a recent decision of the CJEU concerning the registration of a trade mark relating to French fashion designer Jean-Charles de Castelbajac. Did the use of the name JC de CASTELBAJAC post-registration, after the sale of the underlying business, lead to a trademark registration for the name to be invalidated on the basis of deceptiveness?  Is this decision contrary to the well-known decision relating to the name ELIZABETH EMANUEL, or does it build on that earlier decision? Timestamps: 2:38 - Why is the issue of designer names and trade marks an issue particularly pertinent to the world of fashion?4:44 - What was the key case on the issue?12:08 - Most recent case on this subject16:21- Is the JC/DC case contrary to the decision in the ELIZABETH EMANUEL case?

Rebecca Field and Lee Curtis discuss the concept of ‘overall impression’ in registered design law in the United Kingdom and European Union. Rebecca and Lee also discuss where a claimant was successful in an action for registered design infringement in a fashion case and how overall impression came into play. Timestamps: 1:34 – The concept of overall impression in UK and EU registered design law?7:01 - Where does overall impression come into play with regards the validity of UK and EU registered designs9:31 - Can you discuss a case where a registrant was successful in a registered design claim for an item of fashion in the UK

Rebecca Field and Lee Curtis interview Theo Barclay of 4 New Square, who was the successful lead counsel for Dryrobe Limited, in the recent decision of the Intellectual Property Enterprise Court (IPEC) concerning trade mark infringement and passing off claims by Dryrobe Limited against Caesr Group Limited (trading as D-Robe Outdoors) and counterclaims by Caeser Group based on descriptiveness, genericism and non-use. The case is particularly interesting as it is one of the few UK trade mark cases concerning genericism and it concerns an item of fashion.

Rebecca Field and Lee Curtis discuss the impact of Generative AI on online search and associated legal issues. The online search market has been stable for over twenty years. Will Generative AI change the way online search works and looks, and what are the implications for brand and trade mark owners? Timestamps: 2:17 The impact of AI online search with a focus on fashion retailers4:21 - The way search is and was conducted raised a number of legal issues and what were they?5:56 - AI and change6:55 - Why are these changes important?8:19 - Where could the rise of GEO be particularly important in the word of fashion products?

Overview:  Rebecca Field and Lee Curtis interview their HGF colleague Rachel Platts about the UKIPO’s consultation on proposed changes to UK design law and their impact on fashion design. We touch on possible changes to the UK design examination system, searches, the possible introduction of opposition procedures and dealing with bad faith filings. We also discuss important possible changes to disclosure rules and touch on copyright protection for fashion designs. Timestamps: 2:29 introduction to Rachel3:00 discussion of the design consultation4:28 changes to the searching and examination system for registered designs.8:52 Simplification of the present system relating to unregistered design rights

Rebecca Field and Lee Curtis discuss the recent Opinion from Advocate General Emiliou in the Deity Shoes S.L. case. The case concerns whether fashion designs need ‘intellectual effort’ to benefit from EU Registered and Unregistered design protection and whether fashion trends impact the designer's freedom when considering the validity of designs. Timestamps: 2:13 can you provide some background on the Deity Shoes dispute?4:25 The first core issue: How did the Advocate General answer this key point?8:18 The second core issue: The designer’s freedom in developing the design

Rebecca Field and Lee Curtis interview barrister Simon Malynicz KC of Hogarth Chambers on the recent decision of the UK Supreme Court in the Iconix vs Dream Pairs case.  We discuss the concept of post-sale confusion in the world of trade marks and as ever have a fashion spin. Timestamps: 3:14 - Summary of the Iconix case10:45 - Has the Supreme Court helped define the limits of post-sale confusion?12:30 - Do you think post-sale confusion is a particular issue in the world of fashion?14:30 - Have there been any other recent cases in the world of fashion in the United Kingdom which dealt with the concept of post-sale confusion?17:30 - The differences in applying confusion with regard to trade mark infringement