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Intellectual Property

Fashion Law

Counterfeit Goods in Thailand

In Thailand, I visited Tilleke & Gibbins, a leading Southeast Asian regional law firm. The firm hosts and maintains a Textile Collection and a Museum of Counterfeit Goods.

Have you heard of Museums of Counterfeit Goods?

I have been to the one in Paris and am happy to now have also visited the one in Thailand.

Counterfeit Goods Museum in Thailand, wall before entrance

Generally, the same IP rights and ability of IP enforcement exist in Thailand as in the U.S. but the Thai system (as with the EU) is a first to file trademark system.*

However, the brand owner (or authorized agent) has to personally make a complaint with the local  police. An investigation and police raid follow. A court action on trademark infringement is then necessary so that the brand owner may petition the court for an injunction against the production and sales of the counterfeit goods. Continue Reading…

Business of Fashion, Fashion Law

Back to the Future Fashion Law

Back to the Future fashion law

So, as I posted earlier, I spotted the Back to the Future car on I-5. I did not realize my spotting was on the eve of “Back to the Future day” until I saw it trending on social media. On my post I also touched on the Back to the Future fashion law via a Calvin Klein reference.

Now, Back to the Future fashion law is growing.

The Back to the Future fashion has been introduced by Nike. The introduction is very appropriate on this Back to the Future day. 🙂

Nike Mag Back to the Future fashion law sneakers

Would you wear this Back to the Future fashion?

As you may be able to tell from Nike’s animation, the futuristic sneakers are appropriately self lacing.

Michael J Fox’s letter from Tinker Hatfield (below) makes me think of the design patent fashion law possibilities that could be for Nike’s Back to the Future inspired sneakers.

In the letter, Hatfield writes

“although the project started as science fiction, we’re now proud to turn that fiction into fact.”

So, just as the overboard prediction sort of came true, the Nike air MAG’s are here too.

Continue Reading…

Fashion Law

H&M’s Fashion Law Claim Against Saint Laurent

After 6 Years, Yves Saint Laurent handbag designs finally overcome H&M challenges.

In 2006, the Office for Harmonisation in the Internal Market (OHIM) approved the registration of two Community designs, which were intended to apply towards YSL handbag designs.

In 2009, H&M filed two applications with OHIM, seeking a declaration of invalidity in respect to the designs registered by YSL. H&M basically wanted to knock-off YSL so they claimed that the designs had no individual character.

Continue Reading…