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Artwork for Fashionably IP

Fashionably IP

HGF
European Union
Dryrobe
Elizabeth Emanuel Case
JC De CASTELBAJAC Case
US Trade Dress
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
Trade Dress Protection

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

PublishesMonthlyEpisodes51Founded4 years ago
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MarketingArtsBusinessFashion & Beauty

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Artwork for Fashionably IP

Latest Episodes

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

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... more

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 ... more

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... more

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Recent Guests

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?
Theo Barclay
Barrister at 4 New Square, London
4 New Square (London)
Episode: The Dryrobe case: When is a trade mark generic? An interview with Theo Barclay
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
Chartered Trademark Attorney; host with extensive experience in fashion IP; affiliated with HGF in various listings across episodes.
Lee Curtis
Chartered Trademark Attorney; co-host with deep IP practice in fashion, frequently presenting actionable design and branding guidance.

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Talking Points

Recent interactions between the hosts and their guests.

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.
What are the practical implications of the reform of EU Design Law coming into force on 1st July 2026?
Q: What is the key change being introduced by Phase 2 changes to the EU Registered Design Protection?
The key change is the removal of the cap on operative views in a single EU design application, allowing more than seven views to be considered part of the protected design, which should simplify presenting the full design and potentially reduce strategic loss of views.

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Frequently Asked Questions About Fashionably IP

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

The show provides practical analysis of fashion-focused intellectual property issues, with a strong emphasis on trademark and design protection, brands, and the intersection of law and fashion. Across recent episodes, listeners get discussions about EU design regime reforms, whether fashion designer names can be protected or deemed deceptive, the concept of overall impression in design law, and real-world brand protection tactics in cases like Dryrobe. The format blends case-law references, strategic filing guidance, and takeaways for designers, brands, and IP professionals, all grounded in the hosts' professional experience as trademark attorneys. A notable strength is the duo's ability to translate complex legal developments into actionab... 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 51 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. Alexandra Roberts
2. Theo Barclay
3. Rachel Platts
4. Simon Malynicz KC

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