Burchell IP - Brands, Copyright, Designs

23/05/2020

https://gowlingwlg.com/en/insights-resources/podcasts/2016/fashion-ip-katrina-burchell-on-registering-an/

Me - talking about something I know a bit about!

In this podcast Katrina Burchell, former Head of IP at Kering and trade mark attorney, discusses approaches to registering and maintaining IP

24/02/2020

14/06/2019

HAPPY FATHER'S DAY!

Did you know that a while ago DC Comics (owner of the SUPERMAN intellectual property rights) sued a T-shirt company for inserting the word "Dad" in the SUPERMAN five-sided logo? The clothing wholesaler tried to argue that it was a parody of the SUPERMAN logo, but they lost the case.

There is a fine line between parodies and infringements. Be careful when recreating someone else's work (logo, photo, song, movie, ad - and anything else protected by intellectual property law).

Do you want to know more?
www.burchellconsulting.co.uk

https://dccomicsnews.com/2015/07/26/dc-comics-vs-mad-engine-dawn-of-copyright-lawsuit/

Intellectual Property: In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property. Intellectual property is traditionally

03/06/2019

Deckers, the company behind the famous UGG boots, is suing a few wholesalers for allegedly offering copycats.

In the fashion business it is hard sometimes to distinguish what feature is functional and what is aesthetic. Normally if it is aesthetic, it can be protected by intellectual property law.

Want to know more? Talk to us!
www.burchellconsulting.co.uk

http://www.thefashionlaw.com/home/uggs-parent-company-continues-litigation-spree-sues-walmart-k-mart-aeropostale

On the heels of landing a win the David v. Goliath case it filed against a much smaller Australian boot-maker, UGG is taking on a few companies a bit closer to its own size. UGG’s parent company Deckers filed a handful of lawsuits this week against Wal-Mart Stores, Kmart, and Aeropostale in Califo

27/05/2019

If you plan to use a photograph on your website, social media - anywhere -, make sure the person who took it gives you authorization for that (even if the person in the photograph is... you).

Do you want to know more? www.burchellconsulting.co.uk

https://www.huffingtonpost.co.uk/entry/ariana-grande-photographer-sued-instagram_uk_5cdbbbf7e4b0437438c3d2ba?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAJHrxRR3koamsHdOuK8rbEo8EdgYQEwvo78AioKsyOHn9NI2grDBd3kLntP4LG9DGiiLV-2lE6R-zWKyKmHg_il_xf3nq8zZ3n6okep4wuVO0KBi4-eFWkH-TTBQ8w5JUDEbRyeyffoNo7OMQSno81B4BWY8_UENLvBK35_2iFMD

Ariana is yet to publicly respond to the lawsuit.

26/04/2019

Happy Worid Intellectual Property Day!

https://www.wipo.int/ip-outreach/en/ipday/

World Intellectual Property Day is a yearly celebration of IP's role in stimulating innovation and creativity. Find out more about what's planned for 2019.

01/03/2019

Numbers as trade marks? Are we running out of trade marks or d0 numbers cause a greater imp4ct than le77ers?

Numbers can be registered as trade marks in most countries – but they have to be distinctive with respect to the goods or services they describe. It may be harder to protect your trade mark and prevent others from using your number, but there are some good examples of companies that built empires on a number:

Chanel No. 5 7 ELEVEN convenience store 3 Mobile

27/02/2019

What are the chances your brand becomes the name of a global movement? Check out the unfortunate story of Mrs Hazam, owner of the brand MeToo!

https://www.theguardian.com/food/shortcuts/2019/jan/23/metoo-hummus-brand-global-movement-change-name

A trade mark registration does enable the owner to object to another unauthorised use of the trade mark (or a similar mark) - however, the protection is, in most cases, limited to the territory where the mark is registered and to the goods/services the mark

A vegetarian food range called MeToo has been struggling since the hashtag went viral. The founder explains why she has finally decided to change the name

18/02/2019

Trade marks can protect a variety of elements, for example names and logos, prints and patterns… and a (very famous) shoe sole.

https://uk.fashionnetwork.com/news/Van-Haren-guilty-in-Christian-Louboutin-red-sole-case,1065358.html #.XGN3GzNKhPY

Christian Louboutin has won a court battle against Dutch footwear brand Van Haren over the luxury footwear firm's famous red bottoms.

14/02/2019

Happy Valentine's Day

10/12/2018

For many companies (especially start-ups, small and medium size enterprises and those in creative industries) early and practical advice on Intellectual Property could help them develop strong brands and set their business off on the right foot.

03/12/2018

Planning to use your own name as your brand's name?
Beware: if it sounds/looks like an existing trade mark this may be a problem - specially in the fashion industry.

Check this out: https://www.businessoffashion.com/articles/news-analysis/choo-versus-chu-jimmy-choo-takes-trademark-action-against-fashion-student

Central Saint Martins student Jerry Chu caught the brands attention when he registered his name in China. But such a dispute is far from unusual in fashion.

28/11/2018

surely its not just us who ask ourselves this question while shopping....

Supermarket shelves are full of own-brand products that mimic leading brands. Ever wondered just how they get away with it?

26/11/2018

If you are in the fashion industry, do you know what types of Intellectual Property are relevant to you?

Design – pattern and shapes of your creations
Trade Mark – the most iconic signs of your brand
Copyright – pictorial/graphic works (e.g. drawings, photographs, clothing designs, textiles)

Protect your intellectual property and respect that of others’!

22/11/2018

How can fashion design students and young fashion designers protect their work? Increasingly we are seeing designers calling out brands on social media for copying or being inspired by their work. As an example see the recent spat between Edda Gimnes and Moschino https://www.dailymail.co.uk/femail/article-6215279/Designer-Edda-Gimnes-accuses-Moschino-using-creations.html

Whilst social media might be a tool in such a situation it is far wiser to first get your ducks in a row to protect your intellectual property.

Edda Gimnes, who is based in London, shared a number of side-by-side pictures of her work along with images from the Italian brand's Spring/Summer 2019 show in Milan.

20/11/2018

CHEESE LOVERS: do you think possible to protect the TASTE of your favourite cheese... as copyright?

The answer is NO. According to a recent decision of the EU Court of Justice, the taste of a food depends in part on who is tasting it. As it cannot be objectively identified, a taste cannot be protect by Intellectual Property law.

For more: https://www.npr.org/sections/thesalt/2018/11/13/667461481/theres-no-copyrighting-taste-rules-eu-court-in-dutch-cheese-case?t=1542147649573

Unlike literary or musical works, the Court of Justice of the European Union ruled, the taste of a food depends on who's tasting it.

19/11/2018

https://www.eventbrite.com/e/from-pre-loved-to-re-loved-tickets-52551433753?utm-medium=discovery&utm-campaign=social&utm-content=attendeeshare&utm-source=strongmail&utm-term=listing

https://www.facebook.com/TLLtd/ ArtOfLeadership

Join us for an evening of fun and fashion. You will have the chance to purchase some gorgeous pre-loved party dresses and to participate in a silent auction for a few select evening dresses including at least one vintage piece just in time for those Christmas parties. There will also be a raffle to....

19/11/2018

"If you are looking to create an idea, you are willing to protect that idea if you want to create value from it" (Sean Clarke, Head of Aardman Rights)

Hear more on leveraging your IP rights: https://www.gov.uk/government/case-studies/intellectual-property-office-aardman

Understand how Aardman license and use IP rights to protect their creativity.

12/11/2018

Need some ideas to create a brand for your business? The answer may be (literally) right in your face!

Check this out: http://www.espn.com/nfl/story/_/id/24949255/colin-kaepernick-files-trademark-image

You will surely remember KFC (if you are a fried chicken lover), QUAKER (if you like healthy food) and GE**ER (if you have babies!) logos. Can you imagine being your own brand?

Colin Kaepernick has filed for the trademark to an image of his iconic hair and face to use for marketing.

05/11/2018

How far would you go to protect your brand?

https://www.independent.co.uk/news/business/news/burberry-burns-stock-designer-clothing-fashion-industry-environment-a8454671.html

Upmarket British label has destroyed £105m of unwanted stock in past five years

29/10/2018

How far can a designer's collection be "inspired" by someone else's creations?
How cautious should you be when showing your early designs to other people?
MOSCHINO's new collection raised this common - yet overlooked - issue in the fashion industry:

https://www.harpersbazaar.com/uk/fashion/fashion-news/a23484434/moschino-forced-to-respond-to-plagiarism-claims/

The house has been accused of copying the work of an emerging designer

26/10/2018

You may remember last May I had the pleasure of attending a talk by Professor Carolyn Mair on the psychology of fashion, and it inspired me to write this piece on why colour matters. But, not only did I find the talk fascinating, I found it really interesting that Professor Mair didn't start in fash...

22/10/2018

Check out 5 these small business WRONG ASSUMPTIONS:

* I have made up a logo/word so I can’t be violating someone else’s rights.
* I have a company registration so I don’t need a trade mark registration.
* I can use this name because my Google search found nothing relevant.
* I have a trade mark registration so I can use it for everything, everywhere.
* I have a trade mark registration so I don’t need to monitor nor enforce my intellectual property rights.

15/10/2018

Is there a hole in your brand strategy?

https://www.businessinsider.com/dunkin-donuts-changes-name-to-dunkin-people-freak-out-2018-9?r=US&IR=T

Dunkin' Donuts announced on Tuesday that it would officially be dropping the "Donuts" from its name as part of its rebranding. Some fans are confused, some are outraged, and some think its another IHOb stunt.

08/10/2018

Did you know that GOOGLE was once BACKRUB and that BLUE RIBBON SPORTS was NIKE? It is never late to change - just make sure you are not infringing someone else's trade marks!

https://money.cnn.com/2018/09/24/news/companies/weight-watchers-new-name-ww/index.html

It wants to be known as more than a diet company. The name change to WW is also backed by board member and investor Oprah Winfrey.

04/10/2018

Vodka lovers, Its National Vodka Day in the USA!
Did you know that PENKA is not only Diageo’s super-premium Polish vodka brand, but it also translates from Russian to English as “skin; scum” and is an insult in Spanish. Beware of ill-conceived names when you are creating your brand, they are more common than we think!

01/10/2018

Today is a good day to remember that there are no limits when creating your brand: while design elements can represent important concepts about your company, built a million dollar coffee business with a two-tailed, green mermaid for a logo!