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Artwork for Fashionably IP

Fashionably IP

HGF
European Union
Dryrobe
Elizabeth Emanuel Case
JC De CASTELBAJAC Case
US Trade Dress
Crocs
Generative Artificial Intelligence
Iconix Luxembourg Holdings SARL
Online Search
Google
Trademark Law and Metadata
Fashion and Beauty
Trademark Law
Genericism
European Court Of Justice
Trademark Deception
Designer Names
Lanham Act
Fashion Industry
Dupe Lawsuits

The FashionablyIP podcast is a look at important and hot topics in the world of fashion and intellectual property. In the podcast, we review the latest intellectual property issues in fashion or discuss matters of IP which have impacted the world of fashion for years and have come up again and again. The podcast will consist of interviews, opinion pieces and case law discussions.The information in... more

PublishesMonthlyEpisodes54Founded4 years ago
Number of ListenersCategories
MarketingArtsBusinessFashion & Beauty

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Artwork for Fashionably IP

Latest Episodes

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... more

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 d... more

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 G... more

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 va... more

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Recent Guests

Theo Barclay
Barrister, 4 New Square
Barrister at 4 New Square
Episode: Social media influencers and liability in the world of fashion: The Georgia Aldridge case
Alexandra Roberts
Professor; Northeastern University School of Law and College of Arts, Media and Design
Northeastern University
Episode: What is US trade dress law and how does it apply to the world of fashion?
Rachel Platts
Chartered Trademark Attorney and Trademark Director
HGF
Episode: The UKIPO’s consultation on changes to UK design law and its possible impact on fashion designs
Simon Malynicz KC
IP barrister, expert in trademarks
Hogarth Chambers
Episode: Post-sale confusion following the Iconix/Dream Pairs decision: An interview with Simon Malynicz KC

Hosts

Rebecca Field
Host of Fashionably IP; Chartered Trademark Attorney; associated with HGF (IP law firm).
Lee Curtis
Co-host of Fashionably IP; Chartered Trademark Attorney; associated with HGF.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#71
United Kingdom/Business/Marketing
Apple Podcasts
#218
France/Business/Marketing
Apple Podcasts
#9
New Zealand/Business/Marketing
Apple Podcasts
#24
Austria/Business/Marketing
Apple Podcasts
#164
Brazil/Business/Marketing
Apple Podcasts
#175
Denmark/Business/Marketing
Apple Podcasts
#198
New Zealand/Business
Apple Podcasts
#245
Austria/Business

Talking Points

Recent interactions between the hosts and their guests.

Social media influencers and liability in the world of fashion: The Georgia Aldridge case
Q: Could the case have developed differently if Aldridge had a more arm's length relationship to the promoted products?
The guest suggested that a more arm's length relationship could have shifted liability dynamics, potentially reducing personal liability for the influencer depending on the degree of control and involvement in promotion.
What is US trade dress law and how does it apply to the world of fashion?
Q: Do you have to register trade dress in the US to get protection?
No, registration is not required for protection or enforcement of trade dress; protection can arise from use under a use-based regime, though registration can help delineate and enforce the scope of rights.
What is US trade dress law and how does it apply to the world of fashion?
Q: Could you explain what US trade dress is designed to protect?
Trade dress protects the non-functional, distinctive design or packaging of a product that serves as a source indicator, covering elements like shape, color, and overall appearance that signal a brand to consumers.
Post-sale confusion following the Iconix/Dream Pairs decision: An interview with Simon Malynicz KC
Q: Can you define exactly what is post-sale confusion? When and where did this concept start to enter UK trademark law?
Post-sale confusion is a broader concept of confusion that is not limited to the moment of sale but can arise from perceptions after purchase, including distortions seen in real-world contexts. Its entry into UK law has evolved through ECJ and UK cases, culminating in higher-profile decisions like Iconix, Swatch, and related inquiries that broaden how courts view consumer perception beyond the point of sale.
What are the practical implications of the reform of EU Design Law coming into force on 1st July 2026?
Q: How might these changes affect fashion brands filing EU designs?
Brands will likely benefit from being able to present more complete and nuanced representations (e.g., multiple views for clothing, bags, jewelry) within one application, reducing the need to sacrifice or compartmentalize views; this could improve protection while potentially affecting filing strategy and costs.

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Frequently Asked Questions About Fashionably IP

What is Fashionably IP about and what kind of topics does it cover?

This show focuses on important and timely issues at the intersection of fashion and intellectual property. Episodes regularly cover fashion design protection, trademark and design rights, brand strategy, and high-profile case law from the EU, UK, and US, with practical takeaways for brands, designers, and IP professionals. A notable strength is the hosts' backgrounds as trademark attorneys from a prominent IP firm, which provides grounded legal analysis and actionable guidance for how fashion brands can protect and enforce their rights while navigating regulatory changes and emerging topics like generative AI and design reforms. The format often includes discussions of landmark decisions, practical filing tips, and commentary on how disclos... more

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1. The Rest Is History

How many episodes of Fashionably IP are there?

Fashionably IP launched 4 years ago and published 54 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Fashionably IP?

Recent guests on Fashionably IP include:

1. Theo Barclay
2. Alexandra Roberts
3. Rachel Platts
4. Simon Malynicz KC

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