It is widely presumed that copyright and design rights are the principal, if not the only, way to protect key aspects of fashion design, such as the look of clothing items.
However, trademark rights, registered and unregistered, are often overlooked from both offensive and defensive points of view. The recent decision of the UK Intellectual Property and Enterprise Court (IPEC) in Freddy v Hugz Clothing has highlighted the possibility of protecting fashion design, in that case a pair of jeans, via the common law right of passing off.
The case highlighted some of the difficulties of enforcing such rights. Registered trademark rights, such as position trademarks, cannot and should not be overlooked when considering protecting elements of fashion design. IP rights owners should not overlook trademark rights, and if you are the subject of a claim such rights should not be dismissed.
Join Lee Curtis and Rebecca Field, HGF, on September 8, 2021 at 4pm BST/ 11am ET for a discussion on Freddy SPA v Hugz Clothing Ltd decision and the use of registered and unregistered trademark rights in the protection of fashion design.