In a recent decision of the Australian Trade Marks Office, Karen Walker Limited successfully opposed the registration of the mark ‘Runaway the Label‘ for clothing, footwear and headgear (class 25) and online retail services (class 35). We focus here
Fashion Law Watch
Fashion Law Watch, published by K&L Gates, covers legal issues at the intersection of intellectual property and the fashion industry. Topics include trademark disputes involving fashion brands, design protection under EU law, and strategies to combat online counterfeiting affecting fashion and luxury goods. The blog also addresses legal challenges related to parallel imports and product traceability in selective distribution systems. It discusses enforcement tools available on e-commerce and social platforms to protect brand owners from counterfeit sales. The content is relevant to designers, brand owners, and legal professionals interested in fashion-related IP rights, brand protection, and regulatory compliance.
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Latest from Fashion Law Watch
EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection
Advocate General Nicholas Emiliou has delivered his opinion in the case Deity Shoes, S.L. v Mundorama Confort, S.L. and another (Case C 323/24). The case considers whether a footwear design made by Deity Shoes, S.L. (Deity Shoes) qualified for protection…
Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2
Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having…
Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1
In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and environmental crimes.
E-Commerce and…
Perfume, Proof, and Parallel Imports: How Coty’s Traceability System Won a Trade Mark War
Background
On 16 April 2025, the District Court of The Hague in the Netherlands handed down a decision relating to the complex issue of trade mark exhaustion in the context of parallel trade disputes.
The claimant, Coty Beauty Germany (Coty),…
You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer
In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that…
Keeping Online Reviews Honest – The FTC Announces Final Rule to Combat Fake Reviews, Testimonials and Related Misrepresentations
The United States Federal Trade Commission (FTC) announced a final rule this week aimed at combating the increasingly prevalent practice of selling or purchasing fake online reviews and testimonials for goods or services. While such unfair or deceptive acts are…
Running Marketing Campaigns in Australia Involving Prizes – What You Need to Know
Marketing and social media campaigns designed to promote a brand, product, service or business where consumers enter a competition to win a prize are known as “trade promotions” and typically fall within two categories – “games of skill” and “games…
Principals and Agents: UK Consultation to Deregulate the Commercial Agents Regulations
The Department for Business and Trade has extended the deadline for responses to be submitted to its consultation on the deregulation of the Commercial Agents (Council Directive) Regulations 1993 (the CARs), as part of a plan to review the needs…